Terms and Conditions
This Website is operated by
FARFETCH.COM LIMITED, LONDON
Company No. 06400760
Access to and use of this Website and the products and services available through this Website (“Services”) are subject to the following terms, conditions and notices (the "Terms of Service")
When you use this Web Site or buy via this Web Site you are agreeing to all of the Terms of Service, as may be updated by us from time to time. Therefore please read these Terms and Conditions carefully because by accessing and ordering a product, you agree to be bound by same Terms and Conditions.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website accepts no responsibility for 3rd party websites to which it may link to.
3. Your Conduct
In order to use the Services made available by the Website you must be over 18 years of age.You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not our Web Site, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
• For fraudulent purposes, or in connection with a criminal offence or other unlawful activity
• To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
• To cause annoyance, inconvenience or needless anxiety. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. farfetch.comwill report any such breach to the relevant law enforcement authorities and disclose your identity to them.
• We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and Content
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of farfetch.com Limited, its affiliates or its content suppliers and is protected by international copyright, author’s rights and database right laws. The compilation of all content on this website is the exclusive property of farfetch.com Limited and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of farfetch.com Limited, our affiliates or our software suppliers and is protected by international copyright and authors’ rights laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without farfetch.com Limited's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without farfetch.com Limited's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without farfetch.com Limited's express written consent.
5. Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and there are no guarantees as to delivery times.
In order to use the Services made available by the Web Site you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your order is accepted we will inform you by e-mail and we will confirm the identity of the party which you have contracted with. This will usually be farfetch.com Limited or may in some cases be a third party. Where a contract is made with a third party, farfetch.com Limited is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this e-mail will only be an acknowledgement and will notconstitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
6. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law farfetch.com Limited and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect farfetch.com Limited's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
7. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
8. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with farfetch.com Limited and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to farfetch.com Limited.
You agree to indemnify, defend and hold harmless farfetch.com Limited, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
farfetch.com Limited shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.It is therefore understood that our lack of action in case of your breach of the present conditions, may not be construed in any case as a waiver of our right of action.
14. Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
15. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and farfetch.com Limited. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of farfetch.com Limited.
16. Ethical Sourcing Policy
As a reputable and trusted business committed to offering its customers high quality products, farfetch.com Limited recognizes its obligation to ensure that suppliers are operating ethically. We expect our suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights.
All suppliers are expected to comply with their national employment laws and regulations with particular regard to:
• Minimum age of employment
• Freely chosen employment
• Health and safety
• Freedom of association and the right to collective bargaining
• No discrimination
• No harsh or inhumane treatment
• Working hours
• Rates of pay
• Terms of employment
farfetch.com Limited will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instil these principles when dealing with their own supplier base. Because of the sometimes complex nature of our suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as farfetch.com Limited continues to grow it recognises the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.
17. Force Majeure
If farfetch.com Limited is prevented or delayed (directly or indirectly) from making delivery of the Products or any portion of the Products on the agreed date of delivery or from otherwise performing this or any part of this agreement by reason of act(s) of God, war, embargo, riot(s), strike(s), lock-out(s), trade dispute(s), fire(s), break-down, inclement weather, interruption of transport, Government action, delay in delivery to farfetch.com Limited of any goods or materials or by any cause whatsoever (whether or not of like nature to those specified above) in each case outside such farfetch.com Limited's control («force majeure»), neither party hereto shall be under any liability whatsoever to the other party by reason of such event.
This website is operated by farfetch.com, a company specialised in providing ecommerce operations and infrastructure to a network of international independent retailers. When using this website, you benefit from handling and customer service provided by farfetch.com who will also oversee the returns process.
Bernhard Willhelm is happy to accept returns for any reason up to 14 days after the receipt of your order. You have up to 7 days to complete the online returns from within the returns procedure and then a further 7 days to send the goods back to our boutique. This means that the package must reach the originating boutique within 14 days after you have received your order. Please be aware that the parcel can take up to 7 working days to be returned to our boutiques or warehouse, unless sent via special delivery.
Before requesting a return, please take a moment to read our returns policy below.
Under the United Kingdom's Distance Selling Regulations you have the right to cancel your order for any item purchased from the site, for a full refund. You have the right to return your item for a full refund, less the cost of shipping. Please read the information below:
Please read the information below:
- The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel using a delivery service that insures you for the value of the goods;
- The cost of returning the item to us is your responsibility; along with any customs duties that may occur when returning your item.
- The item must be returned to the address stated on the returns form.
- We advise that farfetch.com and its partner sites will not accept returns for any non-faulty items that have been worn and tags removed;
- Upon receipt of an order, if any item has been received with no tags, the customer should notify us by contacting the SUPPORT CENTRE on the same day if they wish to make a return;
- For swimwear, lingerie and hosiery returns – for hygiene reasons please ensure that briefs are tried on over your own lingerie - we will not accept returns on lingerie that has been worn or is returned in a soiled condition. We cannot accept returns on hosiery once packs have been opened;
- We strongly advise all customers to check garments thoroughly upon delivery before removing any attached tags and before disposing of any original packaging. If your item is faulty on receipt, please contact us within 24 hours of delivery to arrange for an exchange or refund. We may require evidence of the fault in the form of photographs;
- Please note that items should be returned in its original packaging and shoes must be returned with the original shoe boxes; • In the event of any failure to return any goods to us within the stipulated time limits, even though validly cancelled, we shall have the right to charge any costs of recovery of the goods;
- In the event of any failure to return any goods to us within the stipulated time limits, even though validly cancelled, we shall have the right to charge any costs of recovery of the goods;
- Please be aware that international customs duties and sales taxes are NOT refunded for shipments outside the European Community (EU). If you are returning an item from outside of the EU, additional duties and taxes may apply. These charges are your responsibility and must be paid in order for us to receive your item. We advise that you contact your chosen postal service provider for further information.
This returns policy does not affect your statutory rights.