Terms and Conditions
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Terms & Conditions of Sale
These are the Terms and Conditions which will apply to your purchase of clothing, accessories and other goods ("Goods") from the websites www.karenmillen.com (the "Website"). The Website and the Goods are provided by Karen Millen Fashions Limited, a company registered in England and Wales under number 6822177 with a registered office at The Triangle, Stanton Harcourt Industrial Estate, Stanton Harcourt, Witney, Oxfordshire, OX29 5UT ("Karen Millen", "we", "us", "our"). When we refer to "you" and "your" we mean the user of the Website and purchaser of the Goods.
You can contact us by emailing email@example.com.
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.
Part 1 - Information about our Website and Goods
This Part 1 sets out some terms about information on the Website, descriptions of Goods and how you use the Website.
Separate Notices and Disclaimers may 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 of the Goods 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; and
we may need to change the Goods to reflect changes in relevant laws and regulation requirements.
Part 2 – Buying and Reserving Goods and Delivery
This Part 2 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 applicable delivery charges before we can accept any offers. Where you select payment by credit or debit card we will process the payment after you submit your order. Your credit or debit card will be debited after the Order has been accepted by us.
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.
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: 100 1842 78.
All prices and charges on the Website are in UK pounds sterling with the exception of Orders made in Ireland and Belgium which are in Euro, Denmark which is in Danish Kroner and Argentina and Japan which are in US dollars. Delivery charges may apply and these will be displayed in the order process. The actual price charged to International customers will be subject to the exchange rate applied by your credit or debit card company.
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 here.
We endeavour to ensure that the Goods 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 nor our nominated carrier shall be under any liability for any delay or failure to deliver the Goods within the estimated time frame.
Delivery of all Goods outside of the EU will be seven (7)- ten (10) days, except where this is not possible due to external factors such as terrorism or adverse weather, for example.
Delivery costs are as follows:
Europe: up to €10
Rest of World: $25
Risk of loss and damage of the Goods passes to you on the date and time of delivery of the Goods.
Part 3 – Returning Goods
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 Goods you must complete the returns slip and enclose this with the Goods you are returning.
UK, ROI and EU customers can, at any time within fourteen (14) days of receiving Goods from us, cancel their contract and (a further fourteen (14) days to) return any Goods to us in the condition that they were sold by.
Denmark and Rest of World customers can return any Goods to us within thirty (30) days' of receiving the Goods from us. All customers that purchase from our Website must use 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
in the UK, Ireland, Belgium or Denmark by returning them with the returns slip to your nearest standalone Karen Millen store.
If Goods are returned by UK,ROI and Belgian customers within the fourteen (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 product is faulty. Please ensure that swimwear is tried on over your own underwear. We reserve the right to refuse returns of Goods 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 for purchases made in the UK only. 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, Ireland, Belgium or Denmark only, you may return the Goods by taking them and the dispatch note, to one of our standalone Karen Millen stores. For the avoidance of doubt, on sales in the Rest of World, Goods can only be returned via our postal returns services. 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.
In addition to the fourteen (14) days returns period that is granted to you under this Part 3, UK, ROI and EU customers enjoy cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("Consumer Contract Regulations") as amended or superseded from time to time. If you wish, you may notify us by email informing us that you wish to cancel your contract before the end of the statutory cancellation period (fourteen (14) days from the day after you receive the Goods). We will need you to complete the Withdrawal Form and return it back to us. You will find details on how to send this back to us on the Withdrawal Form or you can cancel your order by forwarding the Withdrawal Form by email to firstname.lastname@example.org. You must then return the Goods to us in the manner specified in this Part 3.
Nothing under these terms and conditions affects your statutory rights.
Returning Goods to a standalone Karen Millen store (UK, Belgium, Denmark and Ireland only).
If you wish to return Goods to a standalone Karen Millen store you must take them, within fourteen (14) days of notifying us of cancellation, (30 days in Denmark), to one of our standalone Karen Millen stores using the dispatch note enclosed in your parcel as your receipt. This facility is not available at any Karen Millen outlet or Karen Millen concession within department stores. If you are eligible to return Goods to a standalone Karen Millen store, Orders can only be returned in the country the Order was placed in.
The dispatch note must be presented and you will be asked for the reason for the return and whether you wish for to exchange the product or obtain a refund. We regret that for reasons of hygiene, we are unable to refund or exchange earrings. Please ensure that swimwear is tried on over your own underwear. We reserve the right to refuse returns of Goods 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. Visit our store locator to find your nearest Karen Millen store.
Returning Goods by Post
If you wish to return your goods by post, follow the instructions outlined below:
Complete the returns note and enclose it with your parcel whilst requesting proof of postage. Please retain this until you have received your refund. When we receive your Order we will send an email to you confirming the refund has been successful and your card will be credited.
If you are returning Orders in the UK, you can use the freepost labels provided to return your Order.
Ensure your Goods are in a securely wrapped parcel and place a returns address label on the parcel.
The returns address is Karen Millen Fashions Limited, 13-16 Lakeside Industrial Estate, Stanton Harcourt, Witney, Oxfordshire, OX29 5TR.
Provided that you have notified us that you wish to cancel your entire order under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("Consumer Contract Regulations"), and the return of your goods also meets the terms of Part 3 of our terms and conditions, we will refund all basic delivery cost (such cost equal to the least expensive delivery cost that we offer). If you are entitled to a refund of basic delivery costs, you must claim your refund of basic delivery costs by contacting us at email@example.com. Please allow five working days from the date we have received your delivery charges refund request for the refund to be processed. Please be aware that you will not be entitled to a refund of your delivery charges if you are only returning part of your order.
If you do not exercise your cancellation rights under the Consumer Contract Regulations, the delivery cost of returning the Goods to us is your responsibility. All customs and import duties will be your responsibility. When booking your return you should select 'duty payable by sender'. If your return is because the goods are faulty, you will be liable for the costs of postage and any applicable import duty but we will refund the costs once we have received the product and established that the product is faulty, on the condition that you send proof of this to us via the Contact Us page on the Website.
All refunds under this Part 3 will be made within fourteen (14) days from receipt of the returned Goods.
Part 4 – General terms relating to our relationship with you
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; or
(b) Under section 2(3) of the Consumer Protection Act 1987; or
(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.
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 Wales, 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 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 colourable similar without our written permission.
The celebrities named or featured on the Website have not endorsed recommended or approved any of the products offered on the Website.
All communications from you to us must be made in English.
Supplier Terms Of Service
Purchase Order Terms and Conditions
Commencement and Term
Title and Risk
Price and Payment
Compliance with Relevant Laws and Policies
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Commencement Date: the date the Contract commences, as set out in the Purchase Order.
Conditions: these terms and conditions set out in clause 1 to clause 14 (inclusive).
Contract: the contract between the Customer and the Supplier for the sale and purchase of the Goods/Services in accordance with the Purchase Order, the additional Schedules and these Conditions.
Deliverables: all documents, products and materials developed by the Supplier or its agents, contractors, employees as part of or in relation to the Services, in any form or media, including without limitation drawings, maps, plans, diagrams, designs, pictures, computer programs, data, specifications and reports (including drafts).
Delivery Date: the date specified for delivery of an Order, in accordance with clause 3.2.
Delivery Location: the address for delivery of the Goods/Services, as set out in the Purchase Order.
Goods: the Goods (or any part of them) as set out in the Purchase Order.
Mandatory Policies: the Customer's business policies and codes including but not limited to Modern Slavery and Human Trafficking Policy, Corporate and Social Responsibility Policy and Anti-Bribery and Anti-Corruption Policy.
Order: the Customer's order for the Goods/Services submitted by the Customer in accordance with clause 3.
Price: the price for the Goods/Services, as set out in the Purchase Order.
Services: the services, including any Deliverables, to be provided by the Supplier under the Contract.
2.1 This Contract shall commence on the Commencement Date and shall continue, unless terminated earlier in accordance with these terms and conditions.
2.2 This Contract shall apply to the exclusion of any other terms that the Supplier seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.1 The Customer may submit Orders for Goods/Services in the form set out in Schedule 1 at any time.
3.2 The Supplier shall use its best endeavours to supply Goods/Services in accordance with the Customer's Orders, by the delivery date specified in the Order.
3.3 The Customer may amend or cancel an Order in whole or in part at any time before delivery by giving the Supplier written notice
4.1 The Supplier shall ensure that the Goods:
(a) correspond with their description;
(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for any purpose held out by the Supplier or made known to the Supplier by the Customer expressly or by implication, and in this respect the Customer relies on the Supplier's skill and judgement;
(c) where they are manufactured products, be free from defects in design, material and workmanship and remain so for 12 months after delivery; and
(d) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Goods.
4.2 In providing the Services, the Supplier shall:
(a) perform the Services with the best care, skill and diligence in accordance with best practice in the Supplier's industry, profession or trade;
(b) use personnel who are suitably skilled and experienced to perform tasks assigned to them, and in sufficient number to ensure that the Supplier's obligations are fulfilled in accordance with the Purchase Order;
(c) ensure that the Services and Deliverables will conform with all descriptions and specifications set out in the Purchase Order, and that the Deliverables shall be fit for any purpose that the Customer expressly or impliedly makes known to the Supplier;
(d) obtain and at all times maintain all licences and consents which may be required for the provision of the Services;
(e) comply with all applicable laws, regulations, regulatory policies, guidelines or industry codes which may apply from time to time to the provision of the Services, and with the Mandatory Policies; and
(f) not do or omit to do anything which may cause the Customer to lose any licence, authority, consent or permission on which it relies for the purposes of conducting its business, and the Supplier acknowledges that the Customer may rely or act on the Services.
4.3 The Supplier shall ensure that at all times it has and maintains all the licences, permissions, authorisations, consents and permits that it needs to carry out its obligations under the Contract.
5.1 The Supplier shall deliver/perform the Goods/Services specified in each Order:
(a) on or before its relevant Delivery Date;
(b) at the Delivery Location; and
(c) during the Customer's normal business hours, or as instructed by the Customer.
5.2 Delivery of Goods is completed on the completion of unloading of those Goods at the Delivery Location.
5.3 If the Customer rejects any Goods they are returnable at the Supplier's risk and expense. If the Supplier fails to collect rejected Goods within a reasonable period after notification of the rejection, the Customer may charge the Supplier storage costs and sell or dispose of the rejected Goods. The Customer will account to the Supplier for the proceeds of sale (if any) after deducting the purchase price paid for the Goods, storage costs and its reasonable costs and expenses in connection with the sale.
6.1 If the Goods are not delivered on the relevant Delivery Date, or do not comply with the undertakings set out in: clause 4.1, then, without limiting any of its other rights or remedies, and whether or not it has accepted the Goods, and the Customer may exercise any one or more of the following remedies:
(a) to terminate the Contract;
(b) to reject the Goods (in whole or in part) and return them to the Supplier at the Supplier's own risk and expense;
(c) to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid);
(d) to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make;
(e) to recover from the Supplier any costs incurred by the Customer in obtaining substitute Goods from a third party; and
(f) to claim damages for any other costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier's failure to carry out its obligations under the Contract.
6.2 If the Supplier fails to perform the Services by the applicable dates, the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights:
(a) to terminate the Contract with immediate effect by giving written notice to the Supplier;
(b) to refuse to accept any subsequent performance of the Services which the Supplier attempts to make;
(c) to recover from the Supplier any costs incurred by the Customer in obtaining substitute services from a third party;
(d) to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided; and
(e) to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier's failure to meet such dates.
6.3 These Conditions shall apply to any repaired or replacement Goods/Services supplied by the Supplier.
6.4 The Customer's rights and remedies under these Conditions are in addition to its rights and remedies implied by statute and common law.
Title and risk in the Goods shall pass to the Customer on completion of delivery.
8.1 The Price:
(a) excludes amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to the Supplier at the prevailing rate, subject to the receipt of a valid VAT invoice; and
(b) includes the costs of packaging, insurance and carriage of the Goods.
8.2 No extra charges shall be effective unless agreed in writing and signed by the Customer.
8.3 The Supplier may invoice the Customer for price of the Goods/Services plus VAT at the prevailing rate (if applicable) on or at any time after the completion of delivery. The Supplier shall ensure that the invoice includes the date of the Order, the invoice number, the Purchase Order number, Customer's order number, the Supplier's VAT registration number, and any supporting documentation that the Customer may reasonably require.
8.4 The Customer shall pay correctly rendered and approved invoices within 60 days of receipt of the invoice, unless alternative payment terms have been agreed and confirmed in a Purchase Order. Payment shall be made to the bank account nominated in writing by the Supplier.
8.5 If a party fails to make any payment due to the other under the Contract by the due date for payment, then the defaulting party shall pay interest on the overdue amount at the rate of 2% per annum above Barclays’ Bank Plc's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The defaulting party shall pay the interest together with the overdue amount. This clause shall not apply to payments the defaulting party disputes in good faith.
8.6 The Customer may at any time, without limiting any of its other rights or remedies, set off any liability of the Supplier to the Customer against any liability of the Customer to the Supplier.
9.1 The Supplier shall keep the Customer indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Customer as a result of or in connection with:
(a) any claim made against the Customer for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the supply or use of the Goods/Services, to the extent that the claim is attributable to the acts or omissions of the Supplier, its employees, agents or subcontractors;
(b) any claim made against the Customer by a third party for death, personal injury or damage to property arising out of or in connection with defects in Goods/Services, to the extent that the defects in the Goods/Services are attributable to the acts or omissions of the Supplier, its employees, agents or subcontractors; and
(c) any claim made against the Customer by a third party arising out of or in connection with the supply of the Goods/Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract by the Supplier, its employees, agents or subcontractors.
9.2 This clause 9 shall survive termination of the Contract.
During the term of the Contract, the Supplier shall maintain in force, with a reputable insurance company product liability insurance and public liability insurance to cover the liabilities that may arise under or in connection with the Contract, and shall, on the Customer's request, produce both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.
11.1 In performing its obligations under the Contract, the Supplier shall:
(a) comply with all applicable laws, statutes, regulations and codes from time to time in force; and
(b) comply with the Mandatory Conditions.
11.2 The Customer may immediately terminate the Contract for any breach of clause 12 by the Supplier.
12.1 Without limiting its other rights or remedies, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;
(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
(d) the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
12.2 Termination of the Contract shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract which existed at or before the date of termination.
12.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
13.1 Force majeure. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for 2 weeks, the party not affected may terminate this Contract by giving 14 days' written notice to the affected party.
13.2 Subcontracting. The Supplier may not subcontract any or all of its rights or obligations under this Contract without the prior written consent of the Customer. If the Customer consents to any subcontracting by the Supplier, the Supplier shall remain responsible for all acts and omissions of its subcontractors as if they were its own.
(a) Each party undertakes that it shall not disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 13.3(b).
(b) Each party may disclose the other party's confidential information:
(i) to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 13.3; and
(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
(c) No party shall use any other party's confidential information for any purpose other than to perform its obligations under this Contract.
13.4 Entire agreement. This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
13.5 Variation. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
13.6 Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
(a) waive that or any other right or remedy; or
(b) prevent or restrict the further exercise of that or any other right or remedy.
13.7 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, email.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 13.8(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by email, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13.9 Third party rights. No one other than a party to this agreement shall have any right to enforce any of its terms.
13.10 Governing law. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
13.11 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
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Our Terms and Conditions, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with the Terms and Conditions.
If you purchase goods from the Site, our Terms and Conditions will apply to your purchase of clothing, accessories and other goods ("Goods") from the Site.
INFORMATION ABOUT US
www.karenmillen.com is a site operated by Karen Millen Fashions Limited ("we", "our", "us", "Karen Millen"). We are registered in England and Wales under company number 6822177 and have our registered office at The Triangle, Stanton Harcourt, Industrial Estate, Stanton Harcourt, Witney, Oxfordshire OX29 5UT. Our main trading address is Telephone House, 69-77 Paul Street, London EC2A 4PN. Our VAT number is 100 10842 78. We are a limited company.
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LIMITATION OF OUR LIABILITY
UPLOADING CONTENT TO THE SITE
Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in our Terms and Conditions. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence). We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the 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 content posted by you or any other user of the Site. We have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the content standards set out in our Terms and Conditions.
By uploading a photographic image to Instagram with the hashtag #MyKM and responding or communicating the #YesKM on Instagram and or Facebook in response to an image you have uploaded, you hereby grant Karen Millen a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide licence to use your image(s) on the Website, in customer communications, paid social media advertisements and/or on any Karen Millen social media platforms including but not limited to Instagram, Facebook, Twitter, Google+ and Pinterest as well as through concession and franchise partnerships internationally. The views expressed by other users on the Site do not represent our views or values. You are solely responsible for securing and backing up your content.
By submitting a review and any related images by email or on the Site, you agree that we may publish your content on the Site. In addition, we may use your review wording and/or any images or extracts of such content you submit in customer communications, paid social media advertisements and/or on any Karen Millen social media platforms including but not limited to Instagram, Facebook, Twitter, Google+ and Pinterest as well as through concession and franchise partnerships internationally. However, you also acknowledge and agree that we reserve the right not to publish reviews and/or images submitted by email, and to remove reviews and/or images from the Site at our sole discretion.
RIGHTS YOU LICENCE
When you upload or post content to the Site, you grant Karen Millen a non-exclusive licence to use that content. Although you as the legal owner will still own the copyright in your content, Karen Millen will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your content. This licence will be free of charge, perpetual and capable of sub-licence. Karen Millen may exercise all copyright and publicity rights in the material contained in your content in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.You must not misuse the Site 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 Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site 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 Site will cease immediately.
LINKING TO THE SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Terms and Conditions. If you wish to make any use of content on the Site other than that set out above, please contact firstname.lastname@example.org.
THIRD PARTY LINKS AND RESOURCES IN THE SITE
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
"KAREN MILLEN" trade marks are trade marks of Karen Millen Fashions Limited.
To contact us, please email email@example.com. Thank you for visiting the Site.
Karen Millen Fashions Limited – Online Security & Privacy
Karen Millen Fashions Limited (“us”, or “we”) are the “data controller” in respect of your personal information. This privacy notice sets out the basis on which any of your personal information we collect from you or third parties, or that you provide to us, will be processed by us.
Please read the following carefully to understand our practices regarding your personal information and how it will be treated.
1. HOW AND WHEN WE COLLECT PERSONAL INFORMATION ABOUT YOU
We collect and process personal information when you:
- visit our website (including when registering on our site, leaving any reviews or comments, or filling in forms on our site, such as when you sign up for newsletters or enter a competition);
- purchase any products from our website;
- attend events that we organise;
- contact our customer service centres or request information from us in any other way;
- participate in our customer satisfaction surveys or other market research; and
- communicate with us via social networking websites, third party apps or similar technologies.
We may also collect information about you from third party sources, such as from your use of other websites which we operate and from related third parties such as sub-contractors.
2.WHAT PERSONAL INFORMATION DO WE COLLECT ABOUT YOU
We may collect and process the following personal information about you:
We may collect and process the following personal information about you which you provide to us:
- contact details (such as your name, address, email address and telephone number);
- demographic information (such as age and/or other information that may identify you as an individual);
- password and other authentication information;
- responses to any customer satisfaction surveys or market research (unless these are provided anonymously);
- financial and credit card information; and
- your marketing preferences.
We will collect and store you purchase history with us. We will also collect data regarding your attendance at events that we may run from time to time.
If you contact us with a complaint or query, we may keep a record of any phone number used to call our customer service number as well as the correspondence and the period of time it took for us to deal with a query or any request you had. We may also record your levels of satisfaction with the services we have provided.
If we run events from time to time, we may photograph, record or film onsite activities in which case you may be filmed, photographed or recorded as part of any such activities.
When you visit our website and other digital properties, we may also collect information from you automatically, for example using cookies and other similar technologies. A cookie is a small file of letters and numbers that we may set on your device to determine, among other things:
- information about your device, operating system and IP address;
- your login information;
- browser type and version;
- information about your visit, including URL, clickstream (i.e. your journey to, through and from our site), length of visits to certain pages, and page interaction information.
You can find more information about the individual cookies we use and the purposes for which we use them here.
3. PURPOSES FOR PROCESSING YOUR PERSONAL INFORMATION
We may process your personal information for the following purposes:
- to provide you with the information, products and services you have requested and send you marketing and advertising materials;
- to authenticate your access to our website and other digital properties;
- for system administration purposes and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to distinguish you from other users (for example to remember your log-in details);
- to monitor your use of our website and other digital properties to improve the user experience and to ensure that content is presented in the most effective manner for you and for your device;
- to provide customer support and ensure we provide a good level of customer service;
- to tailor any marketing or advertising so that it is more relevant to you;
- to notify you of any changes to our services;
- to conduct marketing analysis to allow us to assess trends and the effectiveness of our advertising and marketing campaigns (including using your personal information to evaluate, analyse or predict certain personal aspects relating to you, such as your preferences, economic situation, interests, and/or location);
- if you are filmed, photographed or recorded as part of any onsite activities at an event that we run from time to time, your image or likeness may be used in promotional material, in print, online and on broadcast television;
- for security and fraud prevention;
- to ensure that our website and digital properties are safe and secure; and
- to comply with applicable laws and regulations.
We may also match personal information that you provide to us directly with other information about you obtained from or held by third party sources (such as social media platforms). This may include your contact details, demographic data, your social media interactions, preferences, shopping habits, interests, geographic location and age or age range. We may use this personal information to tailor and show advertisements more relevant to you either on our website or on third party websites (including social media platforms).
4. LEGAL BASIS FOR PROCESSING YOUR PERSONAL INFORMATION
We will only process your personal information where we have a legal basis to do so. The legal basis will depend on the purposes for which we have collected and use your personal information. In almost every case the legal basis will be one of the following:
- Consent: For example, where you have provided your consent to receive certain marketing from us. You can withdraw your consent at any time, including by clicking on the “unsubscribe” link at the bottom of any marketing email we send you.
- Our legitimate business interests: Where it is necessary for us to understand our customers, promote our services and operate effectively as a clothing retailer, provided in each case that this is done in a legitimate way which does not unduly affect your privacy and other rights. For example we will rely on this legal basis when we conduct certain market analysis to understand our customers in sufficient detail so we can create new services and improve the profile of our brands.
- Performance of a contract with you (or in order to take steps prior to entering into a contract with you): For example, where you have purchased a product from us and we need to use your contact details and payment information in order to process your order and send the product to you.
- Compliance with law: Where we are subject to a legal obligation and need to use your personal information in order to comply with that obligation.
5. WHERE WE STORE YOUR PERSONAL INFORMATION
The personal information that we collect may be transferred to, and stored at, a destination outside the European Economic Area (the “EEA”), including countries, which have less strict, or no data protection laws, when compared to those in Europe.
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 information 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” and the EU-US “Privacy Shield”) 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 information and privacy rights in these circumstances.
6. HOW WE KEEP YOUR PERSONAL INFORMATION
We take steps to ensure that the personal information 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. For example, where you have made a purchase with us, we will keep a record of your purchase for the period necessary for invoicing, tax and warranty purposes. We may also keep a record of correspondence with you (for example if you have made a complaint) for as long as is necessary to protect us from a legal claim.
Where we have collected the personal information 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 information. However, please note that where you unsubscribe from our marketing communications, we will keep a record of your email address to ensure we do not send you marketing emails in future.
Our website and other digital properties are not intended for, and should not be used by, children under the age of 13. We do not knowingly collect personal data from children under 13.
8. SECURITY AND PASSWORDS
You must keep your password and any other authentication information for our website and other digital properties confidential. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted during your use of our website and other digital properties.
9. DISCLOSING YOUR INFORMATION
We may share your personal information within our group of companies (i.e. our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006).
We may share your personal information with our suppliers, business partners and service providers, where they are helping us to market and advertise our services as well as providing our services to you.
We may disclose your personal information to other third parties in the following cases:
- for the purposes of research, evaluation, and analysis;
- in the event that we sell any business or assets, in which case we may disclose your personal information to the prospective buyer of such business or assets;
- if we or substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers and visitors to our websites will be one of the transferred assets;
- if we are under a duty to disclose or share your personal information in order to comply with any legal or regulatory obligation or request; or
- to protect the rights, property or safety of us or our users, or others, and in order to enforce or apply our terms and conditions (this includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).
10. YOUR RIGHTS
You have certain rights in relation to your personal information. These include: the right to object to the processing of your information for certain purposes, the right to access your personal information, and the ability to erase, restrict or receive a machine-readable copy of your personal information.
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 contact 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 information 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.
Our website and other digital properties may, from time to time, contain links to and from third party websites and services such as our business partners and advertisers. If you follow a link to any of these websites and/or services, please note that they have their own privacy notices and we do not accept any responsibility or liability for them. Please check any such third party privacy notices before you submit any personal information to these websites or services.
11. CHANGES TO THIS PRIVACY NOTICE
We may change this privacy notice at any time. The new privacy notice will be displayed on our website and in the applicable digital property. The date this privacy noticed was last updated appears at the bottom.
12. CONTACT US
Questions and comments regarding this privacy notice should be sent to: firstname.lastname@example.org
Our registered offices are located at The Triangle, Stanton Harcourt Industrial Estate, Stanton Harcourt, Witney, Oxfordshire, OX29 5UT
Keep track of the items stored in your shopping basket and take you through the checkout process.
Recognise you whenever you visit this website (this speeds up your access to the website as you do not have to log on each time).
Obtain information about your preferences, online movements and use of the internet.
Carry out research and statistical analysis to help improve our content, products and services and to help us better understand our customer requirements and interests.
Target our marketing and advertising campaigns more effectively by providing interest-based advertisements that are personalised to your interests.
Make your online experience more efficient and enjoyable.
We work with third-party suppliers with whom we sometimes share your information so that we can personalise marketing messages to existing and new customers. These third-parties may also set cookies on our Website, for example Google, Facebook, Instagram and any other third- party suppliers. These third-party suppliers are responsible for the cookies they set on our Website. If you want further information please go to the website for the relevant third party. If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies.
- From time to time Karen Millen will run competitions and promotions (“Competition(s)”) on this website. Competitions may be subject to additional terms that will be made available at the time.
- No purchase is necessary to enter the Competition unless otherwise expressly stated in the promotional activity with a specific Competition.
- The promoter of the Competitions, unless otherwise specified, is Karen Millen Fashions Limited (company registration number: 9822177), The Triangle, Stanton Harcourt Industrial Estate, Stanton Harcourt, Oxfordshire, Witney OX29 5UT.
- All entries must be submitted to Karen Millen’s official website www.karenmillen.com.
- By submitting your entry you agree to assign to Karen Millen or the relevant promoter all your intellectual property rights with full title guarantee. All submissions and any other supporting material will become the exclusive property of Karen Millen or the relevant promoter upon receipt.
- Once entered, entries cannot be returned/withdrawn entries in the incorrect format will not be considered. All entries received by Karen Millen before or after the prize promotions specifications will automatically be disqualified.
- Prizes must be taken as stated and cannot be deferred although Karen Millen reserves the right to change the prize in the event of unforeseen circumstances.
- There will be no cash alternative.
- Promotional codes cannot be redeemed in any Karen Millen factory outlet or Karen Millen concession within a department store.
- It is assumed that by entering Competitions which, if won, could result in time off work, your employer has agreed to allow you time off. When dates are specified they cannot be altered. Karen Millen or any relevant third parties are not liable in any way in respect of any winner who in unable for any reason to accept and/or attend a prize.
- Competitions are not open to any employees of Karen Millen, the promoter or their immediate families, a Competition promoter’s advertising agency and sales promotion consultancy, or anyone else connected with the creation and administration of the Competition.
- Karen Millen shall be permitted to exclude or disqualify any entrant at any time at its sole discretion.
- Karen Millen takes no responsibility for entries that are lost, delayed, misdirected or incomplete or cannot be delivered or entered for any technical reason or other reason.
- Proof of delivery of the entry is not proof of receipt.
- Entries made through third parties, agents or entries delivered, late, incomplete, offensive, violent, pornographic, obscene and deemed not suitable for viewing or infringe the rights of third parties or are otherwise not in accordance with these terms and conditions will not be accepted.
- Unless otherwise expressly stated only one Competition entry, fulfilling the eligibility requirements above, will be accepted per person and cannot be transferrable. Any participants acting on behalf of someone else will be disqualified. Spammers will be disqualified.
- Once selected, only the winner(s) will be contacted personally by email using the contact details provided upon entry.
- Winners will be notified on the day that the winner is selected. Winners will have 5 (five) working days to respond in full or another winner will be selected.
- Karen Millen’s decision is final in every situation, including any not covered above and no correspondence will be entered into in respect of the validity of any such decision.
- Entry to the Competition and acceptance of the prize constitutes permission to use any entrant’s name, image and any competition entry photograph, for promotional and/or editorial purposes in any format in print and non-print media without additional consultation.
- Karen Millen reserves the right to (i) cancel and/or withdraw this Competition and/or (ii) amend these Terms, at any time without notice. Karen Millen and the entrant acknowledge that the Competition is in no way sponsored, endorsed or administered by, or otherwise associated with Facebook, Twitter, Snapchat, Instagram, or any other social media site.
- By entering a Competition, entrants expressly acknowledge that these Terms and Conditions have been drafted in the English language and that any translation prepared for any reason will be of no legal effect and the English version of these official rules shall govern any dispute.
- Where Karen Millen runs a competition with a promoter such that the promoter is responsible for the selection and/or the provision of prizes then Karen Millen shall not be responsible for or have any liability for the provision of such prizes.
- To the fullest extent permitted by applicable law, in no event will Karen Millen be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss, tax liability damage or injury arising under or in connection with this Competition.
- These Terms and Conditions are governed by English law, and entrants agree to submit to the exclusive jurisdiction of the English Courts in relation to all matters arising under or in connection with these Terms and Conditions.
Product Review Voucher Offer Competition
This offer is open to UK entrants aged 18 and over only.
- To be eligible, entrants must (i) purchase a Karen Millen product either online at www.karenmillen.com (“Website”) or in one of our stand alone Karen Millen stores; (ii) when invited to do so by email, submit an online review of the Product on the Website; and (iii) have that review approved and published with the corresponding Product on the Website.
- Qualifying entrants will be eligible to win a £100 gift card to spend on the Website or in any of our stand alone stores.
- One qualifying entrant will be selected per month, from a pool of qualifying entrants who have submitted Product reviews in that month, for a period of 12 consecutive months from September 2018 and including August 2019 (“Term”).
- Regardless of the number of reviews submitted, qualifying entrants may only receive one gift card during the Term.
For full terms and conditions see Competitions.
From time to time Karen Millen will release discount codes (“Codes”) via email or other marketing channels. These Codes will allow a discount to be applied to your order at www.karenmillen.com (“Website”), or in Karen Millen standalone stores as specified on the relevant email or marketing communication. To apply the Code on the Website, please enter it where specified during the check-out process. For purchases in Karen Millen stores you must present the Code to store staff by producing a printed copy of the email or marketing communication or show it on a mobile device. The discount will then be applied to your purchase.
Please note that save as expressly stated, Codes are only valid on full-priced items, excluding Atelier items, and cannot be used on sale or promotional items or to purchase gift cards. Codes cannot be used in conjunction with any other offer.
Codes are valid for a limited period of time as specified in the relevant email or marketing communication, they cannot be used outside of that time period. Codes are not valid in Karen Millen Outlet stores or concessions or anywhere other than the Website or Karen Millen stores.
Where a qualifying spend is noted in relation to use of a Code, if an item and items purchased using that Code are later returned to us which brings the amount spent below any qualifying level, the offer value may be deducted from any refund. All orders are subject to acceptance and any improper use of Codes may result in the cancellation of your order. All orders are subject to availability.
Karen Millen reserves the right to withdraw, amend or extend offers at any time, without prior notice.
Specific offer terms and conditions are provided with each Code - for specific information relevant to that Code, please refer to the email or marketing communication on which it is featured.