Terms and Conditions

Introduction

Welcome to the user agreement for Paul Smith.

In return for allowing you access to this website, we require you to accept the terms and conditions of use set out in this notice. If you are not prepared to agree to these terms then you must immediately leave this website and you may not use or access our services or our site’s facilities.

These terms of use are a legal agreement between us and describe the terms and conditions applicable to your use of our website and the services we offer including the sale of retail goods to consumers. You must read, agree with and accept all of the terms and conditions contained in this agreement and our Privacy Policy .

This agreement includes those terms and conditions expressly set out below and those incorporated by reference. We strongly recommend that you also access and read any other information contained on other pages or websites referred to in this notice, as they may contain further terms and conditions that apply to you.

New Customer

You may browse our website without registering but will need to register to become an online customer with us in order to purchase any goods via our website.

When you become an online customer your username will be your valid email address and you will be asked to input a password.

You are responsible for all actions taken under that username, whether by you or any other person. It is your responsibility to keep your username and password safe. You should not disclose or transfer your username or password to any other person and you must notify us immediately if you become aware of any unauthorized use of your username or password.

You warrant, represent and undertake that any information, which you provide when you register as a user, shall be up to date, true and accurate in all respects, and you agree to notify us immediately of any changes to such information.

You can email any changes to your details to us Paul Smith Online or notify us online once signed in, via the “My Account” section.

Descriptions and Product Information

All products displayed on this website are available only whilst stocks last. Every effort has been made to reflect product colours as accurately as possible. However, due to factors such as differences in monitors and screen settings, we are unable to guarantee that the colour you will see on your monitor will accurately reflect the true colour of the product.

All drawings, photos, descriptive matter, specifications and advertising issued on this website and any descriptions, photos or illustrations contained in Paul Smith’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the products described in them. They will not form part of the contract with you and no warranty or guarantee shall be expressed or implied in the contract with you in this regard.

Purchasing Products

The prices displayed on this international site are quoted in GB Pounds, Euros and US Dollars.

Prices quoted in GB Pounds and Euros include VAT at 20% (UK Tax) and are subject to change if the applicable rate of VAT changes before your order is accepted. You may browse and purchase from either the GB Pounds price list or the Euro price list if your delivery address is outside the USA, by the use of the currency widget located on the top right of the shop navigation.

Where products are delivered to you outside of the European Union and outside the United States of America a VAT deduction will be applied within the checkout upon entering a valid delivery address, and your package will be sent DDU (Delivery Duty Unpaid); you will be responsible for paying any local sales tax or import duties arising at the delivery destination, which are not included in the price of the products. Import duty or tax costs will be invoiced directly to you from FedEx or an import broker. We recommend you contact your local customs authority to determine a landed cost price prior to order completion.

When visiting this site from the United States of America you will be served a US Dollar price list. All relevant taxes and duties are included in the prices displayed in US Dollars on this site, apart from Sales tax which is automatically applied to your order during the checkout process in accordance with individual state regulations if your delivery address is in California, New York or Nevada. Therefore all packages sent to the United States will be sent DDP (Delivery Duty Paid) via FedEx.

All prices are quoted exclusive of postage and packaging, which will be charged at the rates specified during the checkout process.

We will from time to time apply reductions against the normal prices of selected goods and/or their shipping costs. We may do this by applying promotional codes to the listings of those goods on the website, in which case the deductions will be labelled on the site and applied automatically at the checkout stage of your purchase transaction.

Where there is a delay or likelihood of delay in the supply of products, we will advise you as soon as practicable. If the products cannot be delivered within 30 days of your order, we will notify you of this delay and you may either cancel your order or agree a further delivery time with us.

Any orders you place with us will not be accepted and no contract will be formed between us until you have been instructed that said goods are available and that these goods have been paid for and all applicable charges paid in full. No payment shall be deemed to have been received until we have received payment in cleared funds.

We will confirm our acceptance of your order prior to dispatch of your goods by email (where a valid email address is provided).

We reserve the right at all times and at our sole discretion to refuse to accept any orders.
If you exercise a right to cancel your order but the goods have already been dispatched, please follow the Returns Procedure set out below Returns and Exchanges, which also governs refunds.

E-Vouchers and Stored Credit

The Paul Smith e-voucher is an online gift certificate that can ONLY be redeemed in GB Pounds online at www.paulsmith.co.uk/shop (It cannot be redeemed at any Paul Smith shops, Paul Smith concessions or third party department stores). A Paul Smith e-voucher can be purchased in decimal amounts between £20.00 and £1000.00. Please note that e-vouchers are not refundable.

The e-voucher is sent via email and contains a voucher code and expiry date. E-vouchers are valid for 24 months and must be used by the date shown on the e-voucher. At the end of this period any unused balance will be forfeited.

Once payment has cleared the e-voucher will be transmitted electronically and then, just like a physical voucher, its safekeeping and proper use is the purchaser's / recipient’s responsibility. We cannot be held responsible for any e-voucher which is emailed to an incorrect address supplied by a purchaser, or which is lost, stolen or deleted. From time to time e-vouchers can get caught up in spam filters, and it is up to the recipient to check these filters. We cannot take responsibility for e-vouchers that cannot be delivered to the recipient’s email address because of spam filters, firewalls or other security measures operating on the recipient’s system, capacity of the recipient’s mailbox or any other factors outside our control.

The e-voucher recipient will be required to register an account at www.paulsmith.co.uk so that they can redeem the e-voucher as store credit. They can view the store credit balance when they log into their account, and when submitting an order they will be given the option to redeem the store credit at checkout.

The recipient can spend above the store credit value using their debit/credit card to pay the difference, or spend less, in which case the remaining store credit will stay on their account for future use.

Orders paid for with store credit that are returned or cancelled will be refunded as store credit.

The recipient can spend above the e-voucher value using their debit/credit card to pay the difference, or spend less, in which case ‘change’ will be issued in the form of another e-voucher to be used against future purchases.

Please note that e-vouchers are not refundable.

Paul Smith will cancel an e-voucher or store credit if we fail to receive payment from the purchaser's bank or card company for the initial purchase of the e-voucher. We may take further action where we suspect any fraudulent use or attempted use of the e-voucher or store credit. Paul Smith reserves the right to refuse to accept store credit in payment or part payment for any item where it reasonably suspects that the original e-voucher or any amount on it may have been stolen,re-sold or otherwise misappropriated.

Telephone Sales

You can order from us by telephone;

From EU landlines only:

00800 222 444 55 (our international free phone number - please ensure you phone a double 0 before the 800) call between 08.00 and 18.00 GMT Monday-Friday except public holidays in England.

From all countries:

+44 (0)115 9685979 call between 08.00 and 18.00 GMT Monday-Friday except public holidays in England. Standard call rates apply.

From the USA

1 866 900-8460 call between toll free 09:30-17:30 EST Monday-Friday except public holidays in the USA

Delivery

Delivery times are subject to stock availability, and to possible delays due to credit card authorisation, compliance with customs controls and other factors outside our control.

We will only ship to countries featured in our shipping list , and will not honour orders requiring delivery to any destination outside the countries listed. Please note that we do not ship to PO Boxes.

During the checkout process, if an incorrect destination country is selected, or the address entered doesn't correspond to the country selected, the order will be cancelled and a notification of cancellation will be sent automatically to your nominated email address.

We will take all reasonable steps to deliver your goods within 30 days of your order, unless we have agreed a longer period with you.

All deliveries require a signature, so please ensure somebody is in to sign for the goods. If you are not in to receive goods, you can contact the courier to arrange a new delivery time. You also have the opportunity to add any special delivery instructions during the ordering process. We can take no responsibility for any delivery problems arising from incomplete or incorrect address details supplied by you.

If you prevent delivery of the goods by, (for example) failing to supply the courier or your local customs, tax office with necessary information or documentation, or failing to pay local customs, taxes or courier’s administration fees so your package is returned to Paul Smith, any resulting return postage or courier’s administration fees incurred will be deducted from the amount refunded to you in respect of that order.

In the interest of security we reserve the right to despatch the product(s) purchased on this site to the billing address belonging to the credit card used as payment and not to the nominated delivery address supplied by you.

Returns and Exchanges

We will offer a refund or exchange (if stock available) on any unworn/unused goods (faulty or otherwise) within 28 days of dispatch. You must return the goods to us - please try to return items in or with their original packaging with their labels intact. The date your items were dispatched by us will be detailed in the Shipment Confirmation email sent to your nominated email address on dispatch.

Refunds must be made through the website, following the returns procedure documented on the “Returns Form” supplied inside your original order. Please note that you have a legal obligation to take reasonable care of the items while they are in your possession, and if you fail to do so we may have a right to make a claim against you for compensation. We recommend therefore that you wrap your items safely and securely to avoid damage in transit back to Paul Smith. Include your completed "Returns Form", peel off the supplied return address sticker and send your package back to Paul Smith Ltd Internet Returns - below the featured addresses are listed for your reference:

United States Customers

Paul Smith Online Returns, 3rd Floor, 142 Greene Street, New York, NY 10012

All other countries

Paul Smith Online Returns, Unit 5 Lenton Lane, Nottingham, NG7 2NR, England

We now include a complementary free Royal Mail returns label in all orders delivered within the UK. Simply attach to the package, take to the Post Office and obtain a proof of postage certificate from Royal Mail.

Outside the UK, if the items you return to us are not faulty you will bear the cost of returning the items (such as postage). All orders, [delivered within the UK or to any other country] if the items you return are faulty then we will bear the cost and of their return (please note, this does not affect your statutory rights) and if you require an exchange on a faulty item, then provided we have stock available we will provide a replacement, and you will not be charged again for delivery of the replacement item.

Alternatively, you can return your unwanted goods via our free DPD Homecall Returns service. Contact eshop.returns@paulsmith.co.uk with your order number and address and we will email you a DPD Homecall Returns label and details of local Parcel Shops. Making sure all old labels are removed from the packaging, attach your returns label to the parcel. Then drop off to your local Parcel Shop, obtaining a receipt

Where a complementary Royal Mail free returns label is not supplied, a return address label will be supplied instead. We recommend you pay to return you package by courier, recorded or special delivery service. It is advisable to obtain a proof of posting certificate if using the Post Office and arrange the necessary compensatory cover for the items.

Goods must not be returned to our stores for a refund. Under no circumstances will refund be issued at any of our shops. Returns made in person at the returns address will not be accepted either. Like-for-like exchanges or exchanges of a higher monetary value (where additional payment is required) can be processed at a Paul Smith shop (this excludes Paul Smith concessions or third party department stores) at the manager’s discretion; so long as adequate proof of purchase is provided.

If a refund is required, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two).

We always aim to honour an exchange. If the item you require is out of stock we will contact you and give you a choice of an alternative product or a refund. We recommend you contact us ahead of time to reserve a product required for an exchange. If the item you require is of a higher value we will contact you to take an additional payment. Once the exchange is completed we will then cover the cost of shipping the new item along with documentation to your original delivery address.

Acceptable Use

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution complies with those standards, and you agree that you will indemnify us for any breach of that warranty.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy Acceptable Use Policy.

You acknowledge that you are responsible for all communications sent by you to or via this website, and you agree that you will use this website for your own personal, proper and lawful purposes only.

You will not carry out or procure any act or omission which would:

► damage, delay, interrupt or impair the use of this website or its software

► cause any illegal, offensive, obscene or defamatory material to be placed on, transmitted via or associated with this website;

► be in breach of any copyright, trade mark, privacy, confidence, or any other third party right; or

► cause any inconvenience to Paul Smith, its employees, servants, agents, software and other suppliers or any other third party (including, without limitation, creating or procuring software viruses, chain letters, unsolicited communications and 'spam').

In the event that you breach any of these conditions, you will indemnify and keep indemnified Paul Smith, its parent, subsidiaries, associated companies, employees, servants, agents, professional advisors, suppliers and affiliates from time to time against all damages, losses, claims, costs, charges, awards, orders, judgments and other liabilities suffered or threatened as a result of a breach of these conditions.

Privacy & Cookie Policy

Please read our Privacy Policy.

Links to Other Organisations

We provide links to other sites and resources provided by third parties only as a convenience to you. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. No mention of any organisation, company or individual, whether on these pages or on other websites to which these pages are linked shall imply any approval or warranty by us as to the standing and capability of such organizations, companies or individuals.

We take no responsibility for anything that might occur when you visit any other website. When you click on a link you will leave this website.

Limitation of Liability

Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees.

However, we will not be liable for any loss of revenue, loss of profit, loss of contract, loss of business or any anticipated savings, loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this agreement.

We also have no liability of any sort (including for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

Indemnity

You agree to indemnify and hold us and our affiliates and agents and our and their respective officers, directors and employees harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of this agreement or your violation of any law or rights of a third party.

Trade Marks and Copyright

Our trademarks include (amongst others) the Paul Smith name and logo, PS. Paul Smith and Red Ear.

These trademarks may be in use and/or registered in more than one country and your use and access of our website does not give you any rights to use our trade marks.

All other trademarks are the property of their respective owners.

All content included on this website (including, without limitation, the trademarks of Paul Smith, logos, graphics, text, photos, designs, logos, icons, images, data and software) is the property of Paul Smith LTD, its affiliates and licensors and as such is protected by international and UK copyright and other intellectual property laws.

Any copyright or other intellectual property in these web pages is owned by, or licensed to us. You are absolutely prohibited from reproducing all or any part of the contents of this website except in accordance with this agreement.

We grant you the following LIMITED license to copy the contents of this website:

You may download or print pages from this web site BUT ONLY for your own personal use AND you may not make any modification to them.

You may re-copy, extract or forward pages from this website to a third party for their personal use only, PROVIDED you:

• Do not make any modifications to the extract or pages before re-copying, extracting or forwarding

• Acknowledge that the extract is from this website

• Include the URL address of this website on the extract

• Notify the third party that use and further copying of the extract by them is subject to the terms of this license.

The following acts are forbidden under the limited license granted to you:

• You may not incorporate any part of this website into any other work or publication, including incorporation into an electronic work, without our prior written consent.

• You may not frame this website within any website controlled by you.

Termination and Suspension

We may immediately issue a warning, suspend or terminate your registration and deny your access to all or part of the website or refuse to provide our services to you without notice if:

• You are in breach of any part of this agreement.

• We cannot, for any reason, verify or authenticate any information you provide to us.

• We believe that your actions may cause legal liability for us, you, or any other user.

Notices

Any notice, which we are required to give to you regarding the services, may be sent by e-mail or first class-post to the address provided by you on registration (or as amended from time to time).

Unless otherwise explicitly stated, notices to us must be sent by registered mail to:

Paul Smith Online Returns
Unit 5
Lenton Lane
Nottingham
NG7 2NR.
United Kingdom

Notices sent by e-mail are deemed to be received 24 hours after an e-mail is sent unless we receive a notice that the e-mail address is invalid. Registered mail and first class-post will be deemed received 3 days following the date of mailing.

Complaints Procedure

If you are not satisfied with the level of service you receive, please do let us know by contacting us as below. If you are still dissatisfied with our response, then please write to us at:

Paul Smith Customer Services

Unit 5, Lenton Lane, Nottingham, NG7 2NR, England

customerservices@paulsmith.co.uk

General

This agreement sets out the entire understanding and agreement between us.

We may amend this agreement at any time by posting an amended agreement on our website. Any amended agreement will govern new user registrations from the date that it is posted and existing users will be bound by the amended agreement after the expiry of 14 days following the date of posting.

Nothing in this agreement shall create or be construed to imply any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the provisions to which they relate.

If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect.

You cannot assign this agreement but we may assign it at our sole discretion.

Our failure to act with respect to a breach by you or others shall not be considered as a waiver of our right to act with respect to subsequent or similar breaches.

No person who is not a party to this agreement has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy generally available to such a third party in law or otherwise.

Governing Law

These terms of use, contracts for the purchase of products made via our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with English law and you agree that the English courts will have exclusive jurisdiction for any dispute under this agreement.

The laws of your country may be different from English law and there may be additional legal requirements for you to use our website or services. You must comply with all applicable local and international laws, statutes, ordinances and regulations regarding your use of our website and services.

We cannot monitor the laws of every country and it is your responsibility to ensure that your use of our website and services is legal.

Company Information

Paul Smith Limited
Registered Office: The Poplars, Lenton Lane, Nottingham, NG7 2PW, England
Registered in England No. 1170719
VAT No. GB648096114

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