A. INTRODUCTION
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www.Vincekelvin.org (the “Website”) is owned by and/or operated by or on behalf of Vince kelvin Fashion Group (“Vince kelvin,” “we,” or “us”). If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website or through any Applications (as defined below), you can contact us at:
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If you select a shipping destination outside the UK, please see the China Terms and Conditions (if shipping to China) and the Terms and Conditions of Vince kelvin Limited (UK), (if shipping elsewhere), which shall apply to your purchase and use of the Website.
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These terms and conditions were last revised on 20 June 2016.
B. USE OF WEBSITE
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These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together the “Terms”) apply to your use and access to the Website and any other website or application permitting you to place an order with Vince kelvin for any products and services (such websites and applications being the “Applications” for the purpose of these Terms) including all orders submitted by you for any products or services made available by us for purchase over the Website and/or the Applications. As the context requires, references to “Website” in these Terms shall also include Applications as applicable. By accessing this Website and/or Applications you acknowledge that you have read, understand, and agree to be unconditionally bound by these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms, you must cease using and accessing the Website and all Applications immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the amended Terms on the Website or relevant Application. Please note that all options available on our Website may not be available on any Application or the Website accessed using a mobile device.
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Please note that these Terms do not affect your statutory rights as a consumer.
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You agree that the information you provide when you register on this Website is not misleading, true and accurate in all respects and you will notify our customer service team of any changes to that information.
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We may change, withdraw, or suspend access to this Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
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This Website may include links to other websites or resources (“Linked Websites”). Vince kelvin has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from this Website, Vince kelvin is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore Vince kelvin will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.
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Vince kelvin may deny you access to this Website for publication at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
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Any material that you upload to this Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
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Vince kelvin will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of this Website and you hereby agree to be responsible to Vince kelvin for and indemnify, defend and hold harmless Vince kelvin and keep Vince kelvin indemnified against all costs, damages, expenses, losses and liabilities (including reasonable attorney’s fees) incurred and/or suffered by Vince kelvin as a result of any claim in respect of your use of the Website or any activity related to your account by you or any person other than Vince kelvin.
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Vince kelvin has the right to remove any material or posting you make on the Website in Vince kelvin’s sole discretion.
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The Website and its services are not directed toward children under the age of 13. If you are under the age of 13, you are not permitted to use the Website or its services.
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We may offer you the ability through the Website to check the availability of certain products in specified Vince kelvin stores. This functionality will not be available for all Vince kelvin stores. The level of stock availability shown will be updated regularly but it does not guarantee that the product checked will be available when you visit the specified store. Unfortunately products cannot be reserved in store using this functionality.
C. PURCHASE OF PRODUCTS
If you are placing a pre-order for Products from Vince kelvin’s runway collection, the following Sections C(1) to C(8) below may be superseded by or may apply in addition to specific terms applicable to such Products as set out in Section D below.
1. ACCEPTANCE OF ORDERS
1.1
All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (the “Products”) from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason without liability to you. Examples of when we may not accept your order are as follows:
(a) If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
(b) If we are unable to obtain authorisation of your payment;
(c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
(d) If shipping restrictions may apply to a Product.
(e) If the delivery address you give is the address of an entity or individual providing freight forwarding services.
1.2
After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until (i) we have sent you an email confirming that the Products have been dispatched (“Dispatch Confirmation”); or (ii) in the event (where such service is available) you have elected to collect the Products from a specified Vince kelvin store, we have sent you an email that the goods have been dispatched to the specified Vince kelvin store. Please note that the option to collect in store is only available in certain specified countries and from specified Vince kelvin stores and is not available on any Application or the Website accessed using a mobile device. Further information is available at Shipping Destinations, Costs and Delivery Times / Collect In Store.
1.3
Orders can also be placed by telephone in English, French, Spanish, German, Mandarin, Cantonese, Japanese, Korean, Italian, Russian, or Brazilian Portuguese with our Customer Service team Contact Us. Where you provide us with an email address, we will follow the process outlined in Section C (1.2) above. If you have not provided us with an email address, we reserve the right to follow an alternative process, which will be notified to you at the time.
1.4
When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website, such as the My Account section of the Website (“Secure Access”). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website.
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In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wishlist are not reserved and may be purchased by other customers.
1.6
Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
1.7
You will be charged for products (together with the relevant delivery charges, card processing or payment processing charges) when they have been dispatched to you or, in the event you have elected to collect the Products from a specified Vince kelvin store, when the Products have been dispatched for delivery to the relevant Vince kelvin store, unless we inform you that in respect of certain products payment shall be taken in advance, when or shortly after you submit your order.
1.8
Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view our Website may mean that the colours, measurements, fabrics and designs of the Products displayed on our Website and the Products received by you may differ in appearance in minor respects.
1.9
We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.