These are the legal terms and conditions under which We or the Concessionaire Brands supply the products (“Products”) listed on our website www.karenmillen.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. Using our site indicates that you accept these terms and conditions together with our Privacy Notice here and Terms of Use here, regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, our Privacy Notice here or our Terms of Use here, do not use our site.
www.karenmillen.com is operated by KarenMillen.com Limited ("We", "us", "our", "KM", or "Karen Millen"). We are a company registered in England and Wales under company number 12054246 and with our registered office at 49/51 Dale Street, Manchester, England M1 2HF. Our UK VAT number is 185 4874 61. Our email address is customerservices@karenmillen.com.
2.1. Where you place an order on our site for a Product sold by Karen Millen, the Contract for the sale of the Product is between you and Karen Millen; and
2.2. Where you place an order on our site for a Product sold by Debenhams Brands Online Limited, 49-51 Dale Street, Manchester, M1 2HF registered no. 14840908 (the "Concessionaire Brand"), Karen Millen acts as the Concessionaire Brand's disclosed agent and not as principal. This means the Contract for the sale of such Products is made between you and the Concessionaire Brand, on the terms and conditions set out in this document. Other than concluding sales as a disclosed agent on the Concessionaire Brand’s behalf, Karen Millen has no responsibility to you in respect of Contracts made with the Concessionaire Brand and all references in the remainder of these terms and conditions to "We", "us" or "our" shall be deemed to refer to the Concessionaire Brand.
3.1. You may only purchase Products from us if:
3.2. you are legally capable of entering into a binding contract with us (for example, in England and Wales you must be at least 18 years old);
3.3. you are an authorised user of the credit or debit card or payment account (i.e. PayPal) used to pay for your order; and,
3.4. are resident in a country that we deliver to (please see our "Deliveries" page here for further information).
3.5. Some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on our “Deliveries” page here.
4.1. Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).
4.2. After you submit your order, we immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. If we accept your order We will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch at which point the contract between us ("Contract") will be formed.
4.3. As soon as you place your order, we start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products under clause 9 of these terms and conditions or under our Returns Policy.
4.4. From time to time We may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.
4.5. These terms and conditions, and any Contract between us, are only in the English language. Please note that We may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference.
5.1. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonably possible (depending on the delivery service you have selected). In any event, delivery will take place no more than 30 days after the day your Contract is entered into.
5.2. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in a safe place, after three failed attempts, we may end the Contract and clause 12 will apply.
5.3. Delivery of your order will be complete when We deliver the Products to the address you gave us and the Products will be your responsibility from that time.
5.4. You will own the Products once We have received payment in full.
5.5. The images of the Products on our site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although We have made every effort to display and print the colours of the Products accurately, We cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the Products that will be delivered to you.
5.6. Please note postcode restrictions apply.
5.7. Orders placed with the Concessionaire Brand can only be delivered within the UK mainland and Northern Ireland. Check your eligibility on the relevant Product page.
5.8. Working Days excludes weekends and Bank Holidays.
5.9. If you wish to dispute delivery of your order, you have 28 days starting from the day that the tracking status for you order is updated by the carrier as fulfilled (i.e. updated as delivered to the address set out in the Dispatch Confirmation). If your tracking doesn’t confirm your order has been delivered please note you have 90 days from your last tracking event to contact us. We reserve the right to request evidence, before issuing any refund of the price paid and/or any associated delivery costs.
5.10. Premier customers who have purchased premier unlimited delivery before 3rd of June 2024, will continue to receive free returns until your subscription ends. Any new customers from 3rd June 2024 onwards will be charged £2 for returns.
5.11. Next Day delivery excludes most Concessionaire Brand items.
If you order Products from us for delivery to a destination outside the UK:
a. your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that We have no control over these charges and We cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;
b. you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law; and
c. if you return any Products to us from a destination outside the UK, please ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording having similar effect.
7.1. The price payable for the Products shall be as shown on our site in pounds sterling (GBP), although please see clauses 7.5 and 7.6 for what happens if We discover an error in the price of any Product you order. Prices advertised on our site include UK VAT at the relevant rate chargeable for the time being, but exclude delivery charges which are payable in addition and shown separately during the checkout process.
7.2. We can change the prices on our site at any time without notice, but changes will not affect orders which We have already accepted. However, if the rate of VAT changes after the date of your order, We will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.
7.3. We accept payment by debit card, credit card, Apple Pay (iOS only), PayPal, Clearpay and Klarna (not available on App). We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.
You must pay for the Products (including all applicable delivery charges), and We will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorisation to take payment from your account. If you are using Clearpay, such payment will be subject to additional terms between you and Clearpay, available at here. For more information about how Clearpay will handle your personal data see their Privacy Policy, available here. If you pay using Klarna, such payment will subject to additional terms between you and Klarna, available at here . See here for further information about Klarna. For more information about how Klarna will handle your personal data see their Privacy Policy, available at here. Late fees may apply. If you are using Paypal Pay In 3, such payment will be subject to additional terms between you and PayPal available at here. For more information about how PayPal will handle your personal data see their Privacy Policy, available here here. See here for further information about PayPal Pay In 3.
7.4. If We accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, We may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.
7.5. Your liability to pay for the Product is satisfied once Karen Millen has received your payment in full in accordance with clause 7.4 above, irrespective of whether the Product is sold by Karen Millen or the Concessionaire Brand. Karen Millen is entitled to use the proceeds of your payment at its absolute discretion, to the extent that such use will have no effect on the satisfaction of your liability in relation to your purchase of the Product.
7.6. If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Only one voucher code can be used per order and additional terms and conditions may apply in respect of each voucher code. We reserve the right to decline to accept any voucher code that is invalid for your order or that has expired.
8.1. If you are a consumer in the European Economic Area (“EEA”), you have a legal right to cancel a Contract if you change your mind until 14 days after you receive (or someone you nominate receives) the Products, unless the Products are split into several deliveries over different days in which case you will have until 14 days after the day you receive (or someone you nominate receives) the last delivery.
8.2. We are entitled to extend your period for cancellation at our discretion and you should review our Returns Policy here from time to time for further information.
8.3. If you wish to cancel a Contract under clause 8.1, you just need to communicate this to us within the timescale set out in clause 8.1. The easiest way to do this is to contact us by email at customerservices@karenmillen.com or by post at Karen Millen, PO Box 553, Burnley, BB1 9GD.
8.4. The right to cancel a Contract under clause 8.1 does not apply to cosmetics and pierced jewellery or on swimwear and lingerie if the hygiene seal is not in place or has been broken.
8.5. If you cancel a Contract under clause 8.1 after the Products have been dispatched to you, you must return them to us. You must send off the Products within 14 days of telling us that you wish to cancel the Contract. If you choose to return the Products using any method other than one of our nominated carriers (available via our UK returns service) you will remain responsible for the Products including for any loss or damage, until we receive them. Please see our Returns Policy here for further information about how to return Products to us. If you wish to cancel a Contract with the Concession Brand, you will need to follow the instructions provided in your parcel delivery note. If you do not use this service in accordance with instructions set out in delivery note, then you will be responsible for the cost of returning the Products to us.
9.1. As an alternative to using your rights under clause 8.1, you may wish to return an item. Please note there will be a charge of £2. For further information on returns please see our Returns Policy here.The process for returning your Products is dependent on whether the individual item was supplied by Karen Millen or by the Concession Brand. In order to check if your individual item is from a Concession Brand, please check on your order confirmation before returning the Products in line with our Returns Policy.
9.2. If you choose to return the Products using any method other than one of our nominated carriers (available via our UK returns service), you will remain responsible for the Products, including for any loss or damage, until we receive them.
9.3. Where we suspect fraudulent activity, including but not limited to circumstances where there are suspicious claims relating to orders having been placed, but not received, or if we suspect that you are returning items after they have been used or worn, or items returned do not match what you ordered, we reserve the right to withhold refunds and block your account (and any associated accounts) from placing orders in future. If this happens to you and you think we’ve made a mistake, you can Contact Us and we will discuss the matter with you further.
9.4. Premier customers who have purchased premier unlimited delivery before 3rd of June 2024, will continue to receive free returns until your subscription ends. Any new customers from 3rd June 2024 onwards will be charged £2 for returns.
If you are a consumer in the UK or EEA and you cancel your Contract under clause 8.1, We will:
a. refund you the price you paid for the Products. However, please note that We may reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund you the price paid before We are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
b. refund any charges you have paid for delivery of the Products to you, although the maximum refund for delivery costs will be the least expensive delivery method We offer to your delivery destination; and
c. make any refunds due to you by the method you used for payment:
14 days after the day on which We receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us; or
14 days after you inform us of your decision to cancel the Contract
Please see our Returns Policy here for more information about returns and refunds.
11.1. If you are a consumer, We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.
11.2. If you consider that any Product We have supplied is faulty or mis-described, please notify us using the contact details set out in clause 8.2.
11.3. If you discover that your Product is faulty after 30 days we reserve the right to request evidence, such as images of the defect, before issuing any refund of the price paid and/or any associated delivery costs.
12.1 We may end the Contract at any time by writing to you if:
a. you do not make any payment to us when it is due;
b. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
c. you do not, within a reasonable time, allow us to deliver the products to you.
12.2. We may also end the Contract in the circumstances set out in clause 7.5 or clause 7.6.
12.3. If We end the Contract in any of the situations set out in clause 12.1, We will refund any money you have paid in advance for the Products We have not provided but We may deduct or charge you reasonable compensation for the costs We will incur as a result of your breaking the Contract.
13.1. If We fail to comply with these terms and conditions, We are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and you knew it might happen.
13.2. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, We will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.
13.3. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which We may not exclude or limit our liability under any applicable law.
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control.
14.2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, We will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
14.3. You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under this clause 14 please contact us using the details set out in clause 8.2.
All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.
16.1. Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
16.2. If We have to contact you, We will do so by in writing or telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. When We refer in these terms and conditions to “in writing”, this includes e-mail.
16.3. We may change these terms and conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on our site when you place your order.
16.4. We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the Contract.
16.5. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
16.6. Where the Contract relates to Products sold by the Concessionaire Brand, the Contract is between you and the Concessionaire Brand. Alternatively, where the Contract relates to Products sold by Karen Millen, the Contract is between you and Karen Millen. No other person shall have any rights to enforce any of its terms.
16.7. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.8. If We fail to insist that you perform any of your obligations under these terms and conditions, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
16.9. Please note that these terms and conditions are governed by English law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
16.10. In respect of any dispute or claim relating to a Contract, if you are a consumer you and We both submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and We both submit to the exclusive jurisdiction of the courts of England and Wales.
17.1 Arbitration Agreement PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS & CONDITIONS OF SALE OTHERWISE PROVIDE, YOU AGREE TO WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.
17.2 Agreement to Binding Arbitration FOR RESIDENTS OF THE UNITED STATES AND CONTRACTS FOR PRODUCTS SHIPPED TO THE UNITED STATES, YOU AND KAREN MILLEN AGREE THAT IN THE EVENT OF ANY CLAIM OR DISPUTE (WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE BREACH, ENFORCEMENT, INTERPRETATION, APPLICATION, OR VALIDITY OF THESE TERMS & CONDITIONS OF SALE, SUCH CLAIM, DISPUTE OR CONTROVERSY WILL BE RESOLVED EXCLUSIVELY AND SOLELY BY FINAL AND BINDING ARBITRATION, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS & CONDITIONS OF SALE (THE “ARBITRATION AGREEMENT“).
This Arbitration Agreement is intended to be broadly interpreted and to make all disputes and claims between us relating to, or arising out of, this Arbitration Agreement, any service, communication and/or our Site, including any information you obtained through the services, communications, or our Site, subject to arbitration to the fullest extent permitted by law. The Arbitration Agreement includes, but is not limited to, claims brought by you against Debenhams, whether based in contract, tort, statute, for fraud, misrepresentation or any other legal theory; claims arising out of or relating to any aspect of the relationship between us arising out of any service or our Site, claims that arose before this or any prior Arbitration Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Arbitration Agreement.
17.3 Exceptions to Arbitration Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Karen Millen can automatically bring an individual claim in small claims court in the United States of America, consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim. Decisions regarding this Section shall solely be decided by a court and not by an arbitrator or via arbitration.
17.4 Jury Trail & Class Action Wavier YOU AND KAREN MILLEN ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A CLASS ACTION, MASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS (SAVE AS FOR EXCEPT SPECIFIED IN THE PARAGRAPH ENTITLED BATCH ARBITRATION BELOW. YOU AND KAREN MILLEN MAY NOT BE PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY ON AN INDIVIDUAL BASIS AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE INDIVIDUAL CLAIM. To the extent permissible by law there shall be no right or authority for any dispute to be arbitrated as a representative action or as a private attorney general action, including but not limited to claims brought pursuant to the Private Attorney General Act of 2004, Cal. Lab. Code § 2698, et seq. This means that you may not seek relief on behalf of any other parties in arbitration. Further information on the Class Action Waiver to be found at paragraph 17.12. YOU AND KAREN MILLEN ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A CLASS ACTION, MASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS (SAVE AS FOR EXCEPT SPECIFIED IN THE PARAGRAPH ENTITLED BATCH ARBITRATION BELOW. YOU AND KAREN MILLEN MAY NOT BE PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY ON AN INDIVIDUAL BASIS AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE INDIVIDUAL CLAIM. To the extent permissible by law there shall be no right or authority for any dispute to be arbitrated as a representative action or as a private attorney general action, including but not limited to claims brought pursuant to the Private Attorney General Act of 2004, Cal. Lab. Code § 2698, et seq. This means that you may not seek relief on behalf of any other parties in arbitration. Further information on the Class Action Waiver to be found at paragraph 17.12. Notwithstanding the above if any arbitrator determines that any term in paragraph 17.4 is unenforceable for any reason as to any claim, including without limitation for a “private attorney general action,” then the Arbitration Agreement will be inapplicable to that claim and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the Arbitration Agreement.
17.5 Governing Law & Arbitration Rules The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA“), will govern the interpretation and enforcement of this Section 17. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Delaware. The arbitration will be conducted under the then current and applicable consumer arbitration rules of the American Arbitration Association (“AAA“). The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
17.6 Informal Dispute Resolution You and Karen Millen agree to try and resolve any dispute informally before resorting to arbitration. You and Karen Millen therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer either via telephone or video call in a good faith effort to resolve informally any dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference but you will also participate in the conference. The Party initiating the dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”) which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Karen Millen that you intend to initiate an Informal Dispute Resolution Conference should be sent via email to legal@boohoo.com or regular mail to 49/51 Dale Street, Manchester, M1 2HF. Notice to you will be sent to the address or email address associated with your account. The Notice must include (1) your name, telephone number, mailing address, e-mail address associated with your account, (2) the name, telephone number, mailing address and email address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualised such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm, or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. Engaging in the Informal Dispute Resolution Conference is a conditions precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the Informal Dispute resolution Conference required by this section.
17.7 Initiating Arbitration Prior to initiating an arbitration, a party must first send a further written notice to the other party. If you intend to seek arbitration you must first send notice by international mail to Karen Millen.com Limited, c/o Legal Team, 49/51 Dale Street, Manchester, M1 2HF England. The notice shall be individual and not for the claims of any other person, and must include your full name, your entire factual, legal claim, the requested relief and an express authorization to bring the arbitration demand. Karen Millen shall send a Notice to the current billing address on your account by international mail. The Notice shall describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach a settlement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must post a copy of the completed form to the opposing party. You may send such copy to Karen Millen at Karen Millen.com Limited, c/o Legal Team, 49/51 Dale Street, Manchester, M1 2HF England, and Karen Millen will send such copy to the current billing address or email address on your account or to your counsel, if you so instruct.
17.8 Fees You will pay the individual portion of the arbitration filing fee specified in the rules of the AAA. Karen Millen will pay the business portion of the required filing fees, and all administration and arbitrator fees (collectively, your and Karen Millen ’s fees, “Arbitration Fees“).
17.9 Location & Procedure If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be determined in accordance with the rules of the AAA.
17.10 Arbitrator's Decision The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Karen Millen shall have the right to seek attorneys’ fees and costs in arbitration for claims deemed frivolous by the arbitrator. If Karen Millen makes an offer of judgment not less than 10 days prior to the arbitration, if an arbitrator’s monetary award against Karen Millen does not match or exceed Karen Millen ’s offer, you agree to pay Karen Millen ’s legal fees and expenses for the arbitration.
17.11 Choice of Law. Forum Selection & Jury Waiver Except as set forth in this Section 17, all matters relating to all matters arising out of or related to these Terms & Conditions of Sale, will be governed by the applicable laws of the United States of America and the laws of the State of Delaware without regard to Delaware choice of law principles. Unless you and Karen Millen agree otherwise, in the event that it is determined or these Terms & Conditions of Sale provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the District of Delaware, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Delaware for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Delaware located in New Castle County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and Karen Millen both waive your right to a jury trial, unless such waiver is unenforceable. The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.
17.12 The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.
17.13 Class Action Waiver You acknowledge and agree that any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. You expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration (“Class Action Waiver”). The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class Action Waiver does not prevent you or Karen Millen from participating in a class wide, collective, and/or representative settlement of claims as set out in Section 17.14.
The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against Karen Millen in a single proceeding, except that this Class Action Waiver shall not prevent you or Karen Millen from participating in a class wide, collective, and/or representative settlement of claims as set out in 17.14. If it is determined that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by you or Karen Millen.
17.14 Batching If 100 of more customers initiate Notices of dispute (including Informal Dispute Resolution) with Karen Millen raising similar claims within a 30 day period and counsel for the Karen Millen customers bringing the claims are the same, or coordinated with these customers, the claims shall proceed in arbitration in a coordinated proceeding. Counsel for You and counsel for Karen Millen shall each select 5 cases to proceed first in arbitration in a bellwether proceeding (“Bellwether Proceeding”). The remaining cases shall not be filed in arbitration until the first 10 have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Bellwether Proceeding, each side may select another 5 cases to proceed to arbitration for a second Bellwether Proceeding. This process may continue until the parties are able to resolve all of the claims either through settlement or arbitration. A court will have authority to enforce this clause and if necessary to enjoin the mass filing of arbitration demands against Karen Millen. An arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. If for some reason the prohibition on class arbitrations as set out above cannot be enforced as to all or part of the dispute then the agreement to arbitrate will not apply to that dispute or part of the dispute. If for any reason a claim proceeds in court rather than through arbitration, such as pursuant to Section 19.3. You and Karen Millen agree that there will not be a jury trial. You and Karen Millen unconditionally waive any right to trial by jury in any action, proceeding or counter claim arising out of or relating to this Arbitration Agreement in any way. In the event of litigation, this Section may be filed to show a written consent to a trial by the court.
17.15 30 days Right to Opt Out You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to us at optout@boohoo.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one) and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration agreement has no effect on any other arbitration agreements that you currently have or may enter into in the future with us. If the dispute is not covered by any arbitration agreement between You and Us it shall proceed in the Courts indicated in Section 17.11.
18.1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to customerservices@karenmillen.com.
18.2. If you have any complaints these should be addressed in writing to Karen Millen by email to customerservices@karenmillen.com or by post, Karen Millen, PO Box 553, BURNLEY, BB11 9GD.
18.3. If you have any questions, comments, requests or complaints regarding any Product supplied under a Contract with the Concessionaire Brand these should be addressed to customerservices@karenmillen.com or by post, Karen Millen, PO Box 553, BURNLEY, BB11 9GD.
18.4. If you are not satisfied with how We have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be found here.
19.1. Subscription – you can subscribe to Karen Millen Premier from your desktop, tablet, mobile or android device.
19.2 Membership – Karen Millen Premier is valid for 12 months and is only available to individuals residing in the UK.
19.3. Karen Millen Account - you must have a registered Karen Millen customer account and be logged in to your customer account to use Karen Millen Premier.
19.4. Availability - Karen Millen Premier is available for delivery to UK addresses, postcode restrictions apply if using the Next Day delivery service, check your eligibility here. If your postcode is not eligible for Next Day delivery, other delivery options are available. Due to capacity, the InPost collection option is only available for orders of 3 items or less. The service in the following areas may take 3 – 5 working days: Channel Islands, Highlands & Islands of Scotland, Shetland.
18.5. Orders - you must place your order in accordance with Karen Millen’s Next Day & Standard delivery timescales.
19.6. Delivery- Karen Millen reserves the right to alter the delivery service valid in this promotion at any time; in this case you will be offered the delivery service available at that time free of charge.
19.7. Inclusion - Karen Millen Premier can be used on either the UK Next Day & UK Standard Delivery options.
19.8. Cancellation - You can cancel your Karen Millen Premier subscription within 14 days of subscribing by contacting Customer Service. A full refund of the subscription fee will be given if you have not made any purchases using Karen Millen Premier delivery through karenmillen.com. Once a purchase has been made your Karen Millen Premier subscription cannot be cancelled.
19.9. Terms & Conditions – You are responsible for using Karen Millen Premier in accordance with the terms and conditions. Any breach will result in termination of your membership and no refund will be given. Karen Millen reserves the right to accept or refuse membership and to change any terms and conditions at its discretion. Karen Millen will inform you of any significant changes to these terms and conditions. All other applicable Karen Millen terms and conditions apply. Next Day delivery excludes most Concessionaire Brand items.
19.10. Personal use only - Karen Millen Premier is for personal use only.
19.11. Delay outside of our control - Karen Millen will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond Karen Millen’s reasonable control.
19.12. Termination - We may decide to terminate your Karen Millen Premier account and you will be given a prorated refund based on the number of whole months remaining in your membership. We will not give any refund for termination related to conduct that we determine, in our discretion, violates these terms or any applicable law, involves fraud or misuse, or is harmful to Karen Millen’s interests or another user.
Official Karen Millen promotion codes entitle you to an offer on your online order from www.karenmillen.com. To utilise your promotion code, click the "redeem a promotion code" button on the order summary page and enter the specific code. Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Promotion codes are territory specific, remain our property, are not transferable and are not valid for the purchase of gift cards or gift vouchers. There is no cash alternative. Promotion codes and related offers are not open to employees of KarenMillen.com and we reserve the right to withdraw them and refuse or restrict any order at any time. Promotion codes are only valid on KarenMillen.com for payments made by residents of the United Kingdom and Ireland in Sterling, where enabled, Euros, US or Australian dollars. Payment by Euros, US or Australian dollars can be enabled by selecting the appropriate flag in the dropdown currency selection menu in the top right-hand corner on the homepage.
21.1. Gift certificates are not currently available for purchase, if you have an existing gift certificate this can still be redeemed onsite by entering the voucher that was sent to you via email at checkout.
21.2. If the amount of your Online Gift Certificate(s) does NOT cover the total order amount, you will need to pay the remainder of the purchase.
21.3. If the amount of your Online Gift Certificate(s) is for MORE than the total order amount, the balance will be stored with your karenmillen.com account for your next purchase using the same Gift Certificate code.
21.4. If you have any additional questions, please contact our Customer Service team.
21.5. Online Gift Certificates are non-transferable, non-refundable and are not redeemable for cash.
21.6. We cannot replace lost or stolen Online Gift Certificates.
Karen Millen’s Insiders Loyalty Programme (the “Insiders Loyalty Programme”) is a service operated by KarenMillen.com Ltd (“Karen Millen”) subject to the terms and conditions set out on this page. By using Insiders Loyalty Programme you confirm your agreement to these terms and conditions, together with the policies and terms referred to below.
Please carefully read these terms and conditions before deciding to use this service. By signing up to the Insiders Loyalty Programme, you accept these terms and conditions together with our terms of use Here together with our Terms & Conditions Here and Privacy Notice Here.
1. Welcome to Insiders Loyalty Programme.
Insiders Loyalty Programme is a reward scheme that allows you to gain points for every purchase across https://www.karenmillen.com/. The points enable access to a range of Rewards as set out in clause 9.
1.1. You can easily join Insiders Loyalty Programme by: 1.1.1. Creating a Karen Millen account 1.1.2. opting into email communication; and 1.1.3. purchasing a product from Karen Millen.
For the avoidance of doubt, you do not need to set up an Insiders Loyalty Programme account in addition to your Karen Millen customer account in order access the benefits of Insiders Loyalty Programme.
2. Membership and Eligibility
2.1. Membership to the Insiders Loyalty Programme is limited to an individual who is a resident in the United Kingdom aged 18 years or over and is limited to one account per individual.
2.2. Employees, officers, directors, agents and representatives of Karen Millen are eligible for membership but may be excluded from certain promotions.
3. Your Account To access your Insiders Loyalty Programme account, you must register with us and set up an account with a username and password (your “Account”).
4. Points 4.1. When do you earn points: you can earn points for every purchase on Karenmillen.com. You must use be logged into your Karen Millen account to earn points.
4.2. How many points will you earn per transaction: you will earn 1 point per £1 you spend on the value of your order. For example, if you spend £50 on KarenMillen.com you will receive 50 points.
4.3. When will you not earn points: Points will not be earned on orders that are paid for using points. Gift card purchases will not earn points.
4.4. How we pay points: your points shall be transferred to you within 3 days of the relevant transaction on which your points were earned. We may need to change the date we pay points into your Insiders Loyalty Programme Account but we will give you reasonable advance notice before doing this. Points are not redeemable for cash and will only be available as points to your Karen Millen Reward Account.
4.5. When you might lose the points you have earned: if points are earned on a transaction that is later refunded (“Refund”), those points will be lost and shall either (i) be deducted from the points available on your Insiders Loyalty Programme Account within 30 days or, (ii) where the points relating to a Refund have been spent or there are insufficient points on your Insiders Loyalty Programme Account, shall be deducted from your Refund or any subsequent refund. For the avoidance of doubt, where any item(s) is/are part-refunded, the deduction (i) to the points on your Insiders Loyalty Programme Account or (2) from the Refund or any subsequently refund shall be pro-rata to the part-refund. Any points awarded must be used within 90 days of the relevant transaction date on which it was earned.
4.6. What happens if you or we close your Insiders Loyalty Programme Account: you will no longer earn points on purchases on KarenMillen.com and you will lose all of the points which have been earned. We reserve the right to suspend or close your Insiders Loyalty Programme Account where we have reason to believe you have breached these terms of use, supplied false or misleading information, acted improperly or abused the scheme and offers or for any reason, at any time at our sole discretion. In such event you will be notified, and your Insiders Loyalty Programme Account will be suspended or terminated. If we reasonably believe that you have engaged in any fraud related to Insiders Loyalty Programme, we may take action which we reasonably consider appropriate in the circumstances which may include (amongst other things) suspending or closing your Insiders Loyalty Programme Account and/or cancelling any points earned.
4.7. Other reasons for changing your points: we reserve the right to vary the number of points held at any time for any reason.
5. Other terms relating to points
5.1. You cannot redeem points on gift card redemptions.
5.2. You cannot transfer your points to any other person.
5.3. Your Insiders Loyalty Programme Account is for personal use only.
6. Changes to these Terms of Use
We reserve the right to modify the conditions or suspend Insiders Loyalty Programme at any time and without notice.
7. Termination
7.1. You may terminate your participation in the Insiders Loyalty Programme at any time without observing a notice period by closing your account with Karen Millen.
7.2. Termination of the Insiders Loyalty Programme will result in the immediate end of participation. No alternatives or compensation shall be offered.
8. Miscellaneous and Governing Law
8.1. Karen Millen may transfer rights and obligations within these terms to another organisation. Karen Millen will tell you in writing if this happens and Karen Millen will ensure that the transfer will not affect your rights under the Contract.
8.2. These terms and conditions are governed by English law and any dispute or claim arising or in connection with it will be governed by English law.
8.3. Official emails from Karen Millen in relation to Rewards will be sent from karenmillen@mail.karenmillen.com or kminsiders@karenmillen.com.
9. Tiers
9.1. The number of points you have will determine whether you fall within the Bronze, Silver, Gold, or Platinum tier (Tiers) of the Insiders Loyalty Programme
9.2. The first day you enter a new Tier shall be the Commencement Date.
9.3. From the Commencement Date, you shall remain in that Tier until you obtain enough points to move into a higher Tier (e.g. from Bronze Tier to Silver Tier).
9.4. You may remain within the same Tier for a period of 365 days from the Commencement Date.
9.5. After 365 days in the same Tier, your points will reset and return to 0 if no further purchases have been made from the Commencement Date.
Example 1:
Example 2:
9.6. You can expect to receive a different selection of rewards depending on which Tier you are in (Rewards).
10. Rewards
| Bronze Tier | Silver Tier | Gold Tier | Platinum Tier | |||
|---|---|---|---|---|---|---|
| Birthday Treat | You’ll receive a surprise in your inbox for your birthday month. | You’ll receive a surprise in your inbox for your birthday month. | Choose a lavish bouquet of either dried or fresh flowers as a luxury birthday gift. | Choose a lavish bouquet of either dried or fresh flowers as a luxury birthday gift. | ||
| KM Competitions | You’ll have the opportunity to enter curated competitions to win Karen Millen experiences from time to time. | You’ll have the opportunity to enter curated competitions to win Karen Millen experiences from time to time. | You’ll have the opportunity to enter curated competitions to win Karen Millen experiences from a minimum of £500. | You’ll have the opportunity to enter curated competitions to win Karen Millen experiences from a minimum of £1000. | ||
| Offers | We’ll surprise you with an exclusive promotion in your inbox every month. | We’ll surprise you with an exclusive promotion in your inbox every month. | You’ll receive biweekly exclusive offers. | You’ll receive weekly exclusive offers. | ||
| Early Access | Get the first look at some of our major launches. | Get the first look at some of our major launches. | Get the first look at some of our major launches. | Get the first look at some of our major launches. | ||
| Exclusive rewards | Each month we will be surprising a select few of you with random act of kindness, which includes a physical gift. | Each month we will be surprising a select few of you with random act of kindness, which includes a physical gift. | ||||
| Event | Exclusive invites to private KM Insiders events. |
10.2. Each Reward shall be subject to its own terms and conditions.
11. Birthday Treat
11.1. You will receive an email about your Birthday Treat on the first week of your Birthday Month, via email. You must follow the steps as set out in the email in order to claim your gift. You will have until the last day of your Birthday Month to redeem this gift before it expires. Your Birthday Month will be defined as the first day of the month to the last day of the month in which your birthday falls as registered with Karen Millen.
11.2. Notwithstanding your membership Tier, you will only be eligible for the Birthday Gift if you have made a purchase (which has not later been returned) through your account on Karen Millen within the 6 months prior to your birthday date.
12. Competitions, Events, and Random Acts of Kindness
12.1. Notwithstanding your membership Tier, you will only be eligible to win a competition, enter an exclusive event, or win a random act of kindness once per 365 days.
12.2. All winners will be selected at random. Winners must reply within 48 hours of receipt of the announcement email from karenmillen@mail.karenmillen.com or within 24 hours of the follow-up email from kminsiders@karenmillen.com. Karen Millen may also use the phone number registered to the Karen Millen website for the purpose of contacting winners. If the winner has not replied within the timeframes specified in this clause 9.4.2, the competition will be re-drawn and the same procedure stated will be followed for the runner-up. If there is no contact from the runner-up, the prize will not be awarded.
13. Exclusive Rewards
13.1. You will receive an email if you are the winner of an Exclusive Reward. Rewards will be sent directly to your physical address as registered on your Karen Millen account.
13.2. Rewards are subject to availability.
13.3. Rewards are non-transferable and non-refundable, and you cannot request any alternatives (cash or otherwise).
14. Limitation of Liability
Except for death or personal injury caused by negligence of the Promoter or its agents or representatives or for fraud or fraudulent misrepresentation, neither the Promoter, nor its agents or representatives assume responsibility for:
14.1. any Reward that is not redeemed; 14.2. any personal property; 14.3. any loss of enjoyment or wasted expenditure; 14.4. any system failures or malfunctions of any third party websites; 14.5. any system failures or malfunctions of any third party websites; 14.6. any failure to fulfil obligations of any third parties involved in Rewards; 14.7. any fault, malfunction, damage, loss or disappointment suffered by the participants in the Rewards howsoever arising from participating in the Rewards; 14.8. communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this Reward; 14.9. inaccessibility or unavailability of the internet, or any website (including without limitation any social media websites) or any combination thereof through dial up, broadband, mobile internet or WAP connections; 14.10. any injury or damage to a participant which may be related to or arising from the Rewards; 14.11. if for any reason the Reward or any website in connection with the Rewards is not capable of running as planned for reasons which may include without limitation, infection by computer, virus, tampering, unauthorised intervention, fraud, technical failures or any other causes which may corrupt or affect the administration security, fairness, integrity or proper conduct of this promotion; and/or 14.12. any other matter outside of their reasonable control.