Gieves & Hawkes Terms And Conditions of Supply

Any order and subsequent purchase of Goods (as defined below) from Gieves & Hawkes shall be governed by the following terms and conditions. Please read them carefully.

  1. In these Conditions:

    "Gieves & Hawkes" means Gieves Limited (Company No. 01026430) whose registered office is No. 1, Savile Row, London, W1S 3JR who trades under the name www.gievesandhawkes.com ("the Site").

    "Goods" means those products made available by Gieves & Hawkes that you wish to purchase, as indicated in the Order Form.

    "Order Form" means orders placed using the ordering process as set out on the Site and "Order" shall be interpreted accordingly.

  2. Customer Obligations

    General

    2.1

    By submitting your Order Form you warrant, represent and undertake:

    2.1.1

    that you are acting in your capacity as an individual consumer and the Goods or any part of the Goods shall not be used for resale or for anything other than ordinary personal use;

    2.1.2

    that you are resident within the European Union and/or the United States of America

    2.1.3

    to supply, true, accurate, current and complete information;

    2.1.4

    that you are the authorised holder of any credit/debit card you may use on the Site;

    2.1.5

    2.1.5 that you are of sufficient legal age to enter into a binding commitment for the purchase of Goods; and

    2.1.6

    to be available for delivery and to take delivery of Goods ordered you by.

  3. Orders for Goods

    3.1

    Your submission of the Order Form represents an offer to purchase the Goods from Gieves & Hawkes.

    3.2

    There will be no binding contract between you and Gieves & Hawkes for the supply of Goods unless and until Gieves & Hawkes accepts your order via a confirmatory email that your order is valid, confirming the Goods to be supplied and the price payable and that your payment has been processed.

    3.3

    Without prejudice to your right to cancellation, if applicable, no change to any order shall be binding on Gieves & Hawkes unless such change is accepted by Gieves & Hawkes in writing.

    3.4

    Contact information for on-line shopping enquiries and general enquiries can be found at the contact page.

    3.5

    Any information you submit to Gieves & Hawkes shall be dealt with in accordance with the privacy policy located at: Privacy Policy

  4. Limitations of Supply and Exclusions

    4.1

    Gieves & Hawkes shall make every effort to ensure that all orders are fulfilled, however we cannot guarantee the availability of Goods.

    4.2

    In the event of Goods being unavailable, a member of Gieves & Hawkes staff shall contact you by email and Gieves & Hawkes , may at its sole discretion, provide replacement Goods of an equivalent value, quality and/or specification or a full refund, subject always to your right to reject the goods under Clause 7.1.

  5. Prices and Payment

    5.1

    Subject to Clause 5.3, the price payable by you for the Goods shall be the price stated in the Order, as confirmed in accordance with Clause 3.2 of these Terms and Conditions. Notwithstanding the price information given on the website, Gieves & Hawkes reserves the right to change the price of its products at any time before an Order is placed.

    5.2

    Gieves & Hawkes will accept only the following forms of payment for online purchases:

    • Switch
    • Visa
    • Mastercard
    • American Express

    The order process will require the submission of a credit card security code. The Site does not accept cheques (cashier or personal) or money orders as valid forms of payment. Payments will be processed when your order is accepted by Gieves & Hawkes, during normal UK business hours (next business day processing will apply to orders made outside business hours) and we have verified your card details and received credit authorisation. Please note that debit and credit cards may have spending limits that may delay the processing of your order. Prices stated are in Pounds Sterling only and you will be charged in Pounds Sterling. But, please note that the applicable issuer of the credit card will be responsible for otherwise making any necessary currency conversion and such rates will be reflected at the time of conversion.

    5.3

    Gieves & Hawkes use its best efforts to ensure the accuracy of the prices and price related information stated. However, you may encounter a mis-priced item on the Site. Therefore, we verify prices in accordance with Section 3.2 of these Terms and Conditions and as part of our shipping process. If an item is mis-priced, we will give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, or do not receive a response from you within seven (7) days we will treat the order as cancelled.

    5.4

    The delivery charges for all purchases are £7.50 per UK order, £15 for orders to other European countries and £40 for orders to the United States (covering courier costs, fuel surcharges, and customs clearance charges). Moreover, for deliveries to customers residing in the United States of America, please note that Gieves & Hawkes will add any applicable duties.

    5.5

    All prices stated are inclusive of Value Added Tax ("VAT") where applicable. If you are ordering from the United States, VAT will be deducted from the stated price and any other U.S. specific duties and charges will be added. Your purchase may also include applicable U.S. sales taxes based on the delivery address and the sales tax rate in effect at the time your order is placed.

  6. Delivery and Carriage

    6.1

    Gieves & Hawkes will arrange delivery of goods to addresses within the European Union and all United States of America states and territories. Following acceptance of your Order in accordance with Clause 3 of these Terms and Conditions Gieves & Hawkes will, by separate shipping email, notify to you of delivery details including tracking number and estimated delivery time. Gieves & Hawkes shall use reasonable endeavours to deliver the Goods (which are in stock and available for delivery) within five business days within the UK and Europe, and within five business days to the United States, always provided that Gieves & Hawkes cannot guarantee delivery within these timeframes and shall not be liable for failure to deliver within such estimated delivery time period.

    6.2

    Unless otherwise stated in writing, delivery of the Goods shall take place Monday through Friday excluding holidays, via UPS for European deliveries and DHL for deliveries in the United States, and at the delivery or alternative delivery address stated on the Order Form no later than twenty-eight (28) days following acceptance of your Order. For security reasons, Gieves & Hawkes cannot deliver to PO Boxes or APO/FPO addresses, which are not available through UPS or DHL. A shipping confirmation is emailed to you as soon as your purchase has been shipped. On occasion, packages may be returned to Gieves & Hawkes (or its agent) as undeliverable (in accordance with the delivery policies of UPS and DHL and, in particular, where three or more unsuccessful delivery attempts have been made). If you receive a notice from the carrier that a package has been returned to Gieves & Hawkes as undeliverable, please contact Gieves & Hawkes to make arrangements for reshipment.

    All queries in relation to delivery and tracking numbers should be directed to Gieves & Hawkes via email at customercare@gievesandhawkes.com

    6.3

    We reserve the right to require the return of Goods that are not accepted by you for any reason.

  7. Inspection and Defects

    7.1

    Upon delivery of the Goods you must carefully inspect them. If any of the Goods do not match the description or prescription or appear to be damaged or are lost, do not use the Goods and please Contact Us by telephone or email and inform us of the problem.

    7.2

    You further agree to immediately notify Gieves & Hawkes if there are any defects in the Goods which are apparent through use.

    7.3

    Gieves & Hawkes shall accept the return of defective Goods at your cost (subject to Clause 8.3 below), and shall, at its sole discretion provide a refund or replacement.

    7.4

    Replacement products shall be charged (including delivery) until the returned Goods are received by Gieves & Hawkes. If we agree to provide you with a refund, the credit will be paid to the card originally used by you to purchase the Goods.

  8. Your Right to Cancellation

    8.1

    You may cancel your Order, without reason, until the expiry of seven (7) working days from the day after the date of receipt of the Goods by you. Cancellation of an Order will only be effective by contacting Gieves & Hawkes by means of the details given at: Contact. If you cancel an Order after receipt of the Goods you must return the Goods to Gieves & Hawkes in accordance with the procedure outlined in Clauses 8.3 and 8.4.

    8.2

    Gieves & Hawkes want to ensure your complete satisfaction. The name of Gieves & Hawkes stands for outstanding service, ensuring style and meticulous attention to detail, which are qualities seen in everything we do. We trust you will be entirely satisfied with your purchase. If for any reason you are not, please do not hesitate to return it for a full refund in accordance with Clause 8.1.

    8.3

    Refunds will include the total price paid for the goods and the cost of return but will not include the stated delivery costs unless:

    (i) There is a defect in the Goods; or

    (ii) if you exercise your statutory right to cancel your Order.

    Where Clause 8.3 (i) or (ii) applies, the stated delivery costs will also be refunded to you.

    8.4

    Easy-to-follow instructions for returning merchandise are included with each shipment. Every effort will be made to ensure a prompt refund and send an email notification once the return has been processed.

  9. Transfer of Risk and Title in Products

    9.1

    Subject to Clause 8, title and risk in the Goods shall pass to you when the Goods are delivered and acknowledged by you or a member of your household who is authorised by you to accept the Goods and receipt of full payment by us.

    9.2

    In the event of cancellation, risk remains with you until the Goods are received by Gieves & Hawkes.

  10. Liability

    10.1

    Nothing in this Agreement shall exclude or limit either party's liability for fraud or death and/or personal injury resulting from that party's negligence.

    10.2

    Subject to Clause 10.1, to the extent permitted by law, Gieves & Hawkes shall not be liable to you for any loss of contracts, loss of income or revenue, loss of profits and Gieves & Hawkes further excludes liability to you for any consequential or indirect loss of any kind arising out of or in connection with this Agreement however caused and whether arising under contract, tort, negligence or otherwise. This exclusion shall apply even if Gieves & Hawkes has been advised of the possibility of such damage.

    10.3

    Subject to Conditions 10.1 and 10.2, the liability of Gieves & Hawkes in respect of loss which is recoverable under this Agreement shall be limited to the sums paid to Gieves & Hawkes for the purchase of the Goods.

    10.4

    Gieves & Hawkes shall not be liable to you where the loss or damage results from information provided by you, is inaccurate, false or misleading or otherwise which results from a breach by you of these Terms and Conditions.

    10.5

    CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THIS CLAUSE 10 DOES NOT AFFECT YOUR STATUTORY RIGHTS.

  11. Force Majeure

    Gieves & Hawkes shall not be liable for failure to comply with these Terms and Conditions owing to any act or event beyond its control including but not limited to natural disasters, Acts of God, riots, civil commotion, strikes, shortage of supplies, lock-outs, industrial action, war, disease or fire. The Customer may, upon notice in writing to Gieves & Hawkes, terminate these Terms and Conditions in the event that any such act or event prevents Gieves & Hawkes from performing such its obligations hereunder for more than thirty (30) consecutive days.

  12. Notices

    12.1

    Any notice or other communication to be given under these Terms and Conditions must be in writing in the case of Gieves & Hawkes to the address and recipient as expressly set out herein, and in the case of you, to the address or other contact address set out in the Order Form and may be delivered or sent by pre-paid registered post, or, alternatively by electronic mail to the party to be served. Any notice or document shall be deemed served if delivered, at the time of delivery, if posted, forty-eight (48) hours after posting and if sent by electronic mail, at the time of transmission, receipt acknowledged.

    12.2

    For the purposes of these Terms and Conditions, wording in electronic form shall be deemed to be "in writing" under applicable law. In addition the parties consent to the admissibility of electronic evidence in any court or other quasi-judicial proceedings.

  13. General Provisions

    13.1

    In the interpretation of these Terms and Conditions:

    13.1.1

    the headings are for convenience only and shall not affect the interpretation of this Agreement; and

    13.1.2

    "including" means including without limitation and includes shall be construed accordingly.

    13.2

    You may not assign, sub-contract, sub-license or otherwise transfer in whole or in part any of its rights or obligations under this Agreement without the prior written consent of Gieves & Hawkes.

    13.3

    Nothing in these Terms and Conditions shall confer on any third party the right to enforce any provision of any contract.

    13.4

    These Terms and Conditions and any relevant order constitute the entire agreement between the parties and supersede any prior written or oral agreement between them in relation to the subject matter of any contract and subject always to the statutory rights afforded to you as a consumer, each party acknowledges that (save in the case of a fraudulent misrepresentation by the other party) it shall not have any remedy in respect of any representation or term not set out in these Terms and Conditions or any relevant order form. No Gieves & Hawkes employee or agent has the authority to vary any of these Terms and Conditions.

    13.5

    Failure by either party to assert its rights in relation to any breach of these Terms and Conditions or any relevant Order Form on any occasion shall not be deemed a waiver of such rights.

    13.6

    If any of these Terms and Conditions and any relevant Order Form are determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any jurisdiction in which these Terms and Conditions or the relevant Order Form are intended to be effective, then it shall be modified to the extent necessary, and only within the jurisdiction in which that Term, Condition, or Order Form is illegal, invalid or unenforceable, so as to achieve as nearly as possible the objectives of these Terms and Conditions or the relevant Order Form or, if such modification is not commercially practicable as determined by Gives & Hawkes in its sole discretion, severed and deleted from these Terms and Conditions or relevant Order Form and the remaining Terms and Conditions or relevant Order Form shall survive, remain in full force and effect, and continue to be binding and enforceable.

    13.7

    These Terms and Conditions and any relevant Order Form are governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts in relation to any dispute arising out of them. Please note that all Orders are subject to applicable export/import laws and regulations and must be purchased, sold, exported, or used in compliance with such laws and regulations.

© Gieves Limited 2005-2006. All Rights Reserved.