Terms and Conditions

Introduction
New Customer
Descriptions and Product Information
Purchasing Products
Telephone Sales
Delivery
Returns and Exchanges
Acceptable Use
Privacy
Links to Other Organizations
Limitation of Liability
Indemnity
Trade Marks and Copyright
Termination and Suspension
Notices
General
Governing Law
Counterfeiting
Company Information

Introduction

Welcome to the user agreement for Paul Smith.

In return for allowing you access to this website, we impose and 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.

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 (the Services). By accessing the services you 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. Please also refer to our Privacy Policy.

New Customer

You may browse our website without registering as a user, but will need to register with us as an online customer in order to purchase any goods via our website. When you register, you will be required to provide us with personally identifiable information, such as your name, address, email address, telephone number, and payment information. Such information shall be maintained in accordance with the terms set forth in our Privacy Policy. You will also be required to click your assent and agreement to be bound by these Terms of Use.

When you become an online customer your username will be your valid email address and you will be asked to create 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. No credit card information is stored on our company files.

You can e-mail any changes in your details to us at USeshop@paulsmith.co.uk or online once logged 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 colors as accurately as possible. However, due to differences in monitors, we are unable to guarantee that the color you will see on your monitor will accurately reflect the true color of the product ordered.

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 Site are quoted in US dollars, and are only valid and effective in the US. Payments can only be made in US Dollars.
Sales tax might apply depending on which state you are shipping to and will be displayed before confirming your order online.

Where products are delivered to you outside of the European Union 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.
Prices are quoted exclusive of postage, packing and state tax, which will be charged at the rates specified in the delivery section below.

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 these goods and all applicable charges have been paid for 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 on receipt of cleared funds 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.

You may cancel an order with us up to three working days prior to dispatch.  If your order has already been dispatched, please follow the returns procedure and we will grant you a full refund including all posting costs.

Telephone Sales

We are offering the opportunity for you to order from us via the telephone. If you reside in the USA you can ring us on our toll free phone number 1 866 900-8460 and we will process your order for you during office hours, from 9.30 to 5.30, Eastern Standard Time.

Delivery

All delivery times and charges are subject to credit card authorization, customs delays and stock availability. Postage and packing for deliveries is charged as follows:

Saver Service
3-5 business days
$10.00

Express Service
Next business day
$30.00

Heavy items are subject to a $30 charge due excess weight charges on our 'Express saver' and 'Standard Overnight' services.

Due to special handling required to ship fragrance, standard shipping is 3-5 business days.

All delivery times are only estimates and we will not, under any circumstances, be liable for any delay in meeting such delivery times.

Returns and Exchanges

Returns Policy

We will offer a refund or exchange (if stock available) on any unworn/unused goods (faulty or otherwise) within 28 days of dispatch. Please ensure all items are returned in their original packaging with their labels intact. You will receive a returns form with each order that can be used if you wish to return any items.

We will re-imburse the postage paid when returning faulty items only. (Please note, this does not affect your statutory rights). If you require an exchange on a faulty item and we have stock available, you will not be charged again for delivery.

Please note that all refunds and exchanges must be made via the procedures outlined on our website and these Terms of Use, and goods may not be returned to our brick and mortar stores. Refunds of items purchased online will not be made by our stores under any circumstances.

We will refund the original credit card charged only. (Please note that refunds may not show up on your bank statement immediately).

Returns Procedure

If you wish to return any items to Paul Smith please complete the brief "Returns Form" which will be sent out to you with your order. Wrap your item (/s) safely and securely to avoid damage in transit back to Paul Smith (please note Paul Smith is unable to accept an item for refund if it has been damaged in transit). It is advisable to obtain a proof of posting and arrange the necessary compensatory cover for the items.

Include your completed "Returns Form" and send your package back. STELLAE International Incorporated, Paul Smith Internet Returns, 149-39 Guy R. Brewer Boulevard, Jamaica, NY 11434. We recommend that returns be made by a courier or a recorded postal service. Please note that Paul Smith will be unable to refund items returned to us which are lost in the post

Acceptable Use

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

In connection with your use of the website you will not carry out any act or omission or procure, aid or abet any act or omission which would:

Damage, delay, interrupt or impair the use of this website or its software;

Cause any illegal, offensive, or defamatory material to be placed on or associated with this website;

Be in breach of any rights in copyright, trademark, privacy, confidence, or any other such rights of Paul Smith or any third party;

Cause any inconvenience or harm 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'); or

Constitute any other violation of local, national, or International law, including, but not limited to phishing, pharming, counterfeiting, passing off or using stolen or fraudulent credit card or customer information.

Moreover, in the event that you breach any of these conditions, you agree to indemnify, defend, hold harmless 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 (including reasonable attorney’s fees) suffered or threatened as a result of your breach of any of the above conditions.

Privacy

We value your privacy. The details of how we use customer information are contained in our Privacy Policy, which is incorporated into these Terms of Use by reference.

Links to Other Organizations

No mention of any organization, company or individual, whether on the pages of this website or on other websites to which these pages are linked shall imply any approval, endorsement, or warranty by us as to the standing and capability of such organizations, companies or individuals. We encourage you to review carefully the terms of use and privacy policy of any such third party site.

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.
We provide links to a non PS website only as a convenience to you.

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, or damages of any kind (however arising, including negligence) arising out of or in connection with this agreement or the provision of Services under this Agreement.

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

Indemnity

You agree to indemnify, defend 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 are 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 trademarks. You agree not to make any unauthorized use of our trademarks.
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, icons, images, data and software) is the property of Paul Smith, 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. It is absolutely prohibited for you to reproduce 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.

Acts forbidden under the limited license granted to you include, but are not limited to:

Incorporating any part of this website’s content or code into any other work or publication, including incorporation into an electronic work without our prior written consent;

Framing this website within any website controlled by you; and

Any other use not expressly granted by these Terms of Use.

Termination and Suspension

We may immediately, and in our sole discretion, 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 Eshop Paul Smith Ltd, Riverside Building Riverside Way Nottingham NG2 1DP.

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

General

This Agreement sets forth 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 such section.

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.

Any person who is not a party to this agreement has no 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.

Information may be disclosed in connection with a request from law enforcement, a subpoena or to prevent harm to Paul Smith LTD or others.

Governing Law

These terms of use 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.

Counterfeiting

Counterfeiting is big business. Paul Smith is a registered trademark of Paul Smith Group Holdings Limited in many countries of the world. Use of that trade mark without consent is likely to constitute infringement. Paul Smith Group Holdings Limited will take all necessary steps to protect its trade mark rights.

Counterfeiting is an enormous problem and we are doing all we can to help contain it. Many people do not understand the global ramifications of counterfeiting, or what they are really buying when purchasing counterfeit goods. The impact on the economy is tremendous.

The manufactures of counterfeit goods do not pay their employees, fair wages or benefits, have poor working conditions and some even use child labour.

Counterfeiters do not pay taxes meaning less money for schools and hospitals etc. They are hardened criminals, exploiting consumers, businesses both large and small and children working in sweat shops in third world countries.

When you purchase a fake product, you become part of the cycle of counterfeiting and your money directly supports these things.

Paul Smith is extremely dedicated to helping fight the increasing volumes of counterfeit goods, we have a legal team who monitor counterfeit goods and when possible, counterfeiters will have legal action taken against them.

This is a very serious matter and if you have any information on a counterfeit seller of Paul Smith, please contact our customer services department:

Email: customerservices@paulsmith.co.uk