TERMS & CONDITIONS
1. Joseph is the trading name of Joseph Limited, a company registered in England and Wales under 1068214, and whose registered office is: 50 Carnwath Road, London SW6 3JX. Our VAT number is GB 239421170.
2. These terms and conditions (T&C) regulate the relationship between Joseph Limited (Joseph) and the Buyer and/or User of the Site. In accessing the Joseph site, the User accepts to be bound by these T&C. Joseph therefore advises that all Users read these T&C carefully and save or print a copy for future reference.
3. Joseph reserves the right to make amendments to the T&C from time to time at their sole discretion and without prior warning. Users are therefore advised to return to view the T&C on a regular basis, and in the event that a User does not agree to any change to the T&C, they must immediately cease accessing the Site. Any amendments made to these T&C after the Buyer has placed an Order which has been confirmed by Joseph will not affect that Order, with the exception of amendments Joseph are required to make by law.
4. In these T&C, the following words have the following meanings: Buyer means the User who has placed an Order in accordance with the section headed 'Orders'. Contract means the contract for sale of Goods concluded between Joseph and the Buyer, concluded when an email is sent by Joseph stating that the Goods have been dispatched. Eligible means 18 years of age or over. Goods means the items offered for sale and sold by Joseph on the Website. Information has the meaning assigned to it at clause 8. Intellectual Property means any patent, copyright, registered design, unregistered design, trade mark, or other industrial or intellectual property right in respect of the Goods or otherwise and owned or used by Joseph in connection with its business or the Site. Order means an order placed on the Site by the Buyer. This order is an offer to enter into a contract with Joseph. Order Dispatch Confirmation refers to the email sent by Joseph to the Buyer accepting their offer to purchase the Goods, and confirming that the Goods have been dispatched. Payment Card has the meaning assigned to it at clause 29. Site or Website means www.joseph- fashion.com. User means all visitors to the Site. Working Day means Monday to Friday, excluding bank holidays in England & Wales.
5. The headings in these T&C are for convenience only and should not affect their interpretation.
6. Any reference in these T&C to the feminine includes the masculine if the context allows.
7. These T&C and any policies referred to in these T&C do not affect the statutory rights of Users.
Eligibility and registration to use the Site
8. When placing an Order for the first time or when signing up to the Joseph Newsletter, a User may need to provide their name, postal address, email address, telephone number, age and gender (Information).
9. In registering, the User warrants that the Information is true and accurate in all respects, that the User is the person identified by the Information, that the User is Eligible to buy from the Site.
10. The User accepts full responsibility for ensuring that the account password provided is unique and kept strictly confidential, and agrees to notify Joseph immediately if the User suspects any breach of security or unauthorised use of their account. Without prejudice to other rights and remedies which Joseph may seek to rely upon under these T&C, Joseph reserves the right to suspend a User's access to the Site if Joseph reasonably believes that such action is necessary for safeguarding the Site.
11. By entering payment details, the User represents and warrants that such details are complete and correct and that the billing address and the name correspond to the Information the Buyer has provided.
12. The User agrees to notify Joseph as soon as reasonably possible of any changes to the Information by updating their account details on the Site.
14. All information on the Site is an invitation to treat only and not an offer to enter into a contract. All Orders are subject to acceptance by Joseph and subject to the Goods being available and payment being authorised.
15. Joseph may refuse an Order at its sole discretion.
16. If the User's prolonged inactivity causes connection to the Site to fail, their selection of Goods may be lost and the Buyer may be required to re-enter their selection. Joseph cannot be held responsible if the selected Goods subsequently increase in price or are no longer available. Items in the prospective Buyer's shopping basket are not reserved and may be purchased by other Users.
17. Once a prospective Buyer has made their selection and placed an Order, the Buyer will receive an email acknowledging that Joseph has received the Order and confirming the details of the Order and Order number. This first email is not an acceptance of the Order.
18. Joseph will send the Buyer a second email stating that the Order has been accepted and the Goods have been dispatched. This is an acceptance of the Order placed and therefore concludes the contract between Joseph and the Buyer (Contract). This second email is also referred to in these T&C as the Order Dispatch Confirmation.
19. Until the Buyer has received the Order Dispatch Confirmation, the Buyer can cancel the Order by contacting Joseph's customer care on +44 (0) 20 7610 8439 or sending an email to firstname.lastname@example.org.
20. Joseph reserves the right to restrict purchases of multiple quantities of Goods by a single Buyer and may restrict multiple quantities of Goods being dispatched to a single delivery address.
21. Joseph reserves the right to refuse Orders where the corresponding delivery address is a PO Box address or that of an entity or individual providing freight forwarding services.
22. Prices are displayed in GBP or Euros depending on the region selected by the User.
23. Prices may be modified from time to time and without notice, but such changes will not apply to Goods in respect of which the Buyer has received an Order Confirmation.
24. VAT and any other applicable sales tax are inclusive in the price stated at the applicable current rate chargeable for the time being (where customer is eligible to pay/relevant to region). However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
25. Prices displayed do not include the cost of delivery to the Buyer and any relevant import duties and tax for international orders excluding USA and Russia orders that will be sent DDP (Delivery Duty Paid). The Buyer is referred to Shipping Destinations, Costs and Delivery Times for more information.
26. Joseph endeavours to ensure that all pricing information on the Site is accurate. However, if prices displayed on the Site are incorrect, Joseph shall not be obliged to sell the Goods at the incorrect price. If we discover an error in the price of the Goods you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing.
27. Prices for the Goods are set against applicable currency exchange rates at the beginning of each fashion season, but may be subject to fluctuation. Any changes to the applicable exchange rate may affect the price of Goods subject to discount but shall not affect Orders which have already been placed.
28. Joseph will accept payments by American Express, Delta, Diners Club, JCB, Maestro, MasterCard, Visa, Visa Electron and PayPal (Payment Card).
29. By using a Payment Card, the Buyer is warranting that the card is theirs or that the Buyer has been specifically authorised by its owner to use it.
30. Joseph will request validation and authorisation checks by the issuer of the Payment Card. These checks are carried out before the Contract with the Buyer is concluded. If the Payment Card issuer refuses to authorise payment, Joseph will reject the Order without any liability towards the Buyer.
31. Joseph is not responsible for any amounts charged by Payment Card issuers in connection with the processing of payment. If the Buyer's Payment Card is denominated in a different currency to the price displayed on the Site, the final price may be charged in the currency of the Payment Card. In this case, the final price is calculated by the Payment Card issuer and Joseph shall not be responsible for any resulting costs incurred by the Buyer.
32. Payment for Goods is taken by Joseph once the Contract has been concluded (the Contract is concluded when the Buyer receives an email stating that the Goods have been dispatched, also referred to as the Order Dispatch Confirmation).
33. Joseph takes care to ensure payments are safe and secure by using online payment gateway Datacash and using Secure Socket Layer (SSL) technology.
34. Joseph agrees to take reasonable care to ensure that information relating to Orders and payment is kept secure. However, the Buyer shall not hold Joseph responsible for any loss suffered as a result of a third party gaining unauthorised access to data where this is beyond the reasonable control of Joseph.
Insurance and delivery
35. Joseph aim to dispatch all Orders for Goods within 48 hours of receiving an Order. However, this is for indication purposes only. Orders received after 2.00pm or Orders received on a day which is not a Working Day will be processed on the next Working Day.
36. Joseph expects that the Buyer (or recipient if the Buyer has specified that the Goods are a gift) will receive the Goods within the relevant estimated delivery time from the Goods being dispatched. However, this is for indication purposes only, and Joseph is not responsible for delays caused by elements beyond its reasonable control, including but not limited to delays caused by carriers or customs.
37. Please see Shipping Destinations, Costs and Delivery Times for more information.
38. Joseph insures the Goods up to delivery to the address specified by the Buyer.
39. Once the Buyer (or the recipient of the Goods specified by the Buyer) signs to acknowledge receipt, all risks and responsibility for the Goods passes to the Buyer.
40. Delivery will be attempted twice, if at the second attempt for any reason the Buyer is unable to accept delivery, the Buyer will have to call to request a re-delivery to the delivery address specified by the Buyer when making their Order. The Goods cannot be redelivered to a different delivery address. Following a second failed delivery attempt, if the Buyer does not call to arrange a redelivery within 7 days, the Goods will be sent back to Joseph and the Buyer shall be refunded in full.
41. The Buyer is responsible for ensuring that the delivery address provided is correct and complete. Joseph shall not be liable for unsuccessful delivery attempts resulting from the Buyer having provided inaccurate or incomplete information.
42. Where the Buyer makes an Order for multiple Goods ('multiple' meaning more than one), Joseph shall endeavour to deliver the Order in one conveyance, unless the Buyer has requested otherwise. However, Joseph shall be entitled to deliver the Goods in more than one conveyance if reasonably necessary, in which case each delivery shall be viewed as a separate Contract. Where the Buyer has expressly requested that an Order be delivered in more than one conveyance, the applicable delivery charges shall be the cost of shipping to the most expensive destination.
Joseph Returns & Cancellation Policy
43. If the Buyer is not completely satisfied with the purchase, the Buyer may return the Goods within 14 days of receipt of the Goods via the online store. Alternatively, if the Buyer decides within 7 Working Days of placing an Order that they no longer wish to proceed with the purchase, the Buyer may cancel the order in accordance with clause 51 below. Standard returns policy applies to Sale goods.
44. In order to return Goods purchased on the Site, the Buyer must notify Joseph by writing to Customer Care or sending an email to email@example.com. Following receipt of such notice, Joseph will send an email to the Buyer allocating a Returned Merchant Authorization number ('RMA'). The Buyer must return the Goods, invoice and RMA within 14 days of receiving an RMA.
45. Upon receipt by Joseph of the returned Goods, the Buyer will receive an email confirming that the Goods have been received, and a full refund will be issued on the original method of payment. Joseph aims to process returns within 5 working days of receipt, but the date on which the funds are received in the Buyer's account will depend on the issuing bank. Delivery charges will only be refunded where an entire Order has been returned.
46. All Goods returned to Joseph must be undamaged and in saleable condition (unused), with their original packaging and with garment tags still attached and accompanied by the RMA. The Buyer is advised to contact Joseph customer services if any Goods are delivered without tags. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused. Joseph strongly advises the Buyer to check the Goods thoroughly upon delivery before removing any tags or disposing of packaging.
47. The following restrictions apply: Shoes must be tried on a carpeted surface, lingerie and swimwear must be tried over underwear without removing the adhesive strip. No returns will be accepted if these restrictions are not complied with.
48. This policy does not affect the statutory rights of the Buyer, in particular under the Sale of Goods Act 1979 (as amended) and the Distance Selling Regulations (Consumer Protection (Distance Selling) Regulations 2000). For further information, the Buyer is advised to contact their local Trading Standards Office or Citizens Advice Bureau.
49. Under the terms of the Distance Selling Regulations, the Buyer is legally entitled to cancel the Order by giving written notice to Joseph within 7 Working Days of receipt of the Goods. The free collection service and option to return in-store do not apply to Orders cancelled under the Distance Selling Regulations. In respect of cancellations, the Buyer returns the Goods at their own cost and accepts full responsibility for the Goods until they are received by Joseph. Joseph will issue a full refund, including the cost of shipping the Goods out to the Buyer, within 30 days of receipt of the notice of cancellation.
50. The Returns Policy applies to Joseph London stores listed here. Other Joseph stores and concessions have individual Returns Policies and may need to comply with department store regulations; please contact the store for their Returns Policy.
51. Goods returned to the store of purchase undamaged and in sellable condition (unused) within 14 days of the date of purchase may, at the discretion of the company and subject to a proof of purchase being presented, be exchanged or a credit note issued.
52. No refund will be granted unless goods fail to comply with the Sale of Goods Act 1979 i.e. in respect of faulty goods not fit for their purpose.
53. Credit notes are vouchers for an agreed value of the item returned. Credit notes are not exchangeable for the money and are valid for a period of six months only. Credit notes can only be used in Joseph stores listed in clause 51 above.
54. Purchase of Sale goods in store are final and cannot be returned and are not exchangeable. This also applies to goods marked as faulty at time of sale, perfumery, swimwear and jewellery. However, purchases of sale goods online comply with the standard 14 day returns policy.
55. In the unlikely event that Goods purchased on the Site are faulty, the Buyer may, at their option, request that the Goods be repaired or replaced at no extra cost. If no replacement item is available, Joseph will refund the Buyer in full within 30 days, including the delivery charges.
56. Joseph will not issue a replacement or refund if the Goods have been altered or repaired in anyway by anyone other than Joseph.
57. 'Faulty Goods' excludes Goods which are damaged as a result of normal wear and tear.
58. Faulty Goods may need to be forwarded for examination to Joseph's customer service department prior to any refund, repair or replacement being made.
59. Joseph endeavours to display as accurately as possible the colours of the Goods displayed on the Site. However, as manufacturing processes and computer monitors vary, Joseph cannot guarantee that the User's monitor will display the colours, fabrics and designs of the Goods with complete accuracy and Goods delivered to the Buyer may differ in appearance in minor respects.
Intellectual Property Rights
60. The User shall not alter, remove, reproduce or redistribute any of the IP.
61. The User must not, in relation to the Site, use any of the following: data mining, robots, or similar data gathering and extraction tools; framing techniques to enclose the trade marks, logos and other proprietary images, text layouts and formats used on the Site meta tags or any other "hidden text" which uses names or trademarks owned by Joseph.
62. Using the Site does not give the User permission to link to the Site or to use any of the trade marks, designs, get-up and/or logos contained within it.
63. Joseph is the proprietor of the Joseph trade name, trade mark and get-up. In using the Site, the User agrees that all copyrights, trademarks, brand names, product names, titles, text, graphics, designs, logos, button icons, images, data compilations and software used in the Site and all content shall remain vested in Joseph or the respective rights holders.
64. The User is permitted to use this material only as expressly authorised by Joseph or the respective rights holders. No permission is given in respect of the use of any of them and such use may constitute an infringement of the holder's rights.
Acceptable Use of the Site
65. Subject to the terms herein, Joseph grants to the User a revocable and non-exclusive licence to access and make acceptable use of the Site.
66. The following does not constitute acceptable use: a) Use of the Site in a way which may prejudice or damage the reputation of Joseph b) Use of the Site for commercial or business purposes c) Modification, disassembly, transfer, sale, distribution, publication, reproduction or licensing of any Content, software, products, or services contained within the Site. d) Denial of service attacks e) Attempts to gain unauthorised access to the Site or its systems f) Unauthorised linking of any part of the Site with other sites g) Use that is likely to damage, impair, disable or impose an unreasonable burden on the Site.
67. Joseph reserves the right to suspend a User's access to the Site if Joseph suspects that the User is making unauthorised use of their account or of the Site.
Third party sites
69. The Site may include links to third party sites or content. Joseph has no control over any external content and shall not be held responsible for any damage caused to a User as a result of their accessing external content.
Limitation of liability
70. Joseph endeavours to ensure that information displayed on the Site is accurate and complete, but does not warrant that such information is accurate and/or error free.
71. Joseph does not warrant that the Site, its content, or the server that makes it available are free of viruses, malicious code or other potentially harmful components. Joseph recommends that all Users have up to date virus checking software installed.
72. Joseph will take reasonable care to ensure that any Information relating to the User is kept secure. However, in the absence of any negligence on Joseph's part, Joseph cannot be held liable for any loss a User may suffer if a third party obtains unauthorised access to such data.
73. Joseph shall not be held responsible for any indirect, consequential, or economic loss, such as but not limited to loss of profits, loss of opportunity, loss of goodwill or reputation, and loss or corruption of data. In any event, the total aggregate liability of Joseph arising in relation to these T&C shall not exceed 100% of the total Order value, whether arising under contract, tort, breach of statutory duty or otherwise.
74. Nothing in these T&C limits or excludes liability for i) death or personal injury caused by negligence, ii) fraudulent misrepresentation, iii) claims arising under section 2(3) of the Consumer Protection Act 1987, iv) any other liability which cannot be limited or excluded by applicable law.
75. Joseph will not be liable to the Buyer for failure to perform any obligation under the Contract to the extent that the failure is caused by a factor beyond Joseph's reasonable control.
76. Joseph shall not be in breach of this Contract if performance is prevented or delayed in whole or in part by reason of acts of God, or the consequences thereof, including, but without prejudice to the generality of the foregoing, by reason of fire, flood, cyclone, hurricane, earthquake, riots, war, hostilities, governmental restrictions (whether of the United Kingdom or of other country), trade embargoes, strikes, lockouts, labour disputes of any kind, boycotting of goods, unavailability of transport or of loading facilities, wrecks, delays or damages in transport or any causes whatsoever and howsoever arising of a nature beyond Joseph's control.
77. If performance of a Contract is prevented or delayed in whole or in part by reasons of any of the foregoing, Joseph shall have the option: a. either to perform the Contract (or the unfulfilled part hereof as the case may be) within such time from the removal of the cause preventing or delaying performance as in all circumstances reasonable; b. or to rescind the Contract; and in either case to notify the Buyer in writing.
78. The Contract and these T&C together constitute the entire agreement between Joseph and the Buyer.
79. Failure to enforce any or all of these T&C shall not constitute a waiver.
80. The various provisions of this agreement are severable and if any provision is held to be invalid or unenforceable by any court of competent jurisdiction then such invalidity or unenforceability shall not affect the remaining provisions of this agreement.
81. A User may not assign, sub-contract or otherwise transfer any of their rights or obligations under these T&C without the prior written consent of Joseph. Joseph reserves the right to assign any claims for payment that are due and have arisen in connection with delivery of the Goods to third parties.
Choice of Law
82. The Contract is concluded in London, England and the language of the contract is English.
83. The Contract is governed by and construed and enforced in accordance with the law of England and Wales. Joseph and the Buyer each irrevocably submit to the non-exclusive jurisdiction of the English Courts.