Terms of Sale

We are [Nine West UK, a trading name of] Kurt Geiger Ltd, a company registered in England and Wales at Companies House. Our registered office is 24 Britton Street, London EC1M 5UA and our registered number is 968046. Our VAT number is 649691680.

You can contact us by email at info@ninewest.co.uk or on 0844 264 0199 (Mon-Fri 9am-5.30pm, Sat-Sun 10am-6pm).

The Website to which these Terms of Sale apply and for which we are responsible is www.ninewest.co.uk

To purchase from us you must be over 18 [and resident in the UK (including Northern Ireland) or the Channel Islands]. For online purchases, we can only ship to the UK (including Northern Ireland) and the Channel Islands.

[If you purchase from us and you are not resident in the UK (including Northern Ireland) or the Channel Islands, you are responsible for compliance with the laws of your country of residence, to the extent that such laws are applicable.]

Orders are submitted via the Website in the following way:

• Once you are ready to make a purchase, click on 'add to bag' to add the Product you wish to purchase to your bag. Then proceed by clicking 'proceed to checkout' to log into our secure servers to complete your Order.
• All Products are displayed on our Website as an invitation to treat, which means they are not provided as an offer by us for you to accept. A binding legal contract will only be formed if and when we accept your Order in accordance with the process set out below.
• If this is your first purchase on the Website you will have the option to create an account with us using your email address [and you will also be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. We hold a secure password file to enable you to request a reminder, should it be forgotten on future transactions].
• If you have already registered with us you may enter your sign in details to access your account.
• Once signed in you will then be asked to input your billing and delivery addresses. The billing address that you enter must be the address that the card statement is sent to, however you can use a different delivery address.
• You must then input your payment details and either create a password if this is your first purchase on the Website, or confirm your password if you are already registered with us, before clicking in the box to consent to the Terms of Sale.
• Once you have completed compiling your Order, you will be asked to confirm that it is correct. If it is not correct, you can revisit your Order and correct the mistakes before confirming and submitting your Order to us by clicking on the 'complete purchase' tab. It is your responsibility to ensure that your Order is correct before submitting it to us. If you have any problems with your Order, please call us on 0844 264 0199.
• We will then send you a confirmatory email to acknowledge that we have received your Order. This is sent out automatically by us to the email address you register with us.
• After sending you this first email we will check to make sure we are able to fulfil your Order. If and when we are able to do so, you will then receive a second email from us confirming and accepting your Order, confirming despatch of the Product(s) to the delivery address you have requested and giving you estimated timescales for delivery. This is sent out automatically by us to the email address you register with us. At this point we will process the payment details you have given to us to take payment for your Order.
• We will also notify you if any Products you have ordered are not available.
• This second email will contain an identifying number "Order Number" for your Order. You should make a note of your Order Number because we may ask for it in any subsequent communications we may have with you as it will help us to identify and therefore assist you quickly and easily.
• You should check both emails for accuracy and let us know immediately if there are any errors. Your Order will be accepted by us when we send the second email to you confirming and accepting your Order and despatch of the Product(s) and at this point the contract between us ("Contract") is formed. Ownership of the Product(s) will pass to you on delivery.

When you submit your Order, you are offering to buy the Product(s) at the price set out in the Order.

Prices are checked regularly. However, if we find the price has changed or that there has been a pricing error when we receive your Order [we will notify you of the correct price by e-mail, asking you to confirm you still wish to proceed with your Order at the new, correct price. If you confirm that you do wish to proceed, please remember that we will still not be under an obligation to supply the Product(s) until we have sent you the second email confirming your Order. If you do not confirm that you wish to proceed with the Order within [7 days] of the date of our price correction email, we will consider this as a withdrawal of your Order and we will delete your payment details from our system (please see our Privacy Policy for further details about this).]

If you discover you have made a mistake with your Order please call us on 0844 264 0199 immediately. Please do this before we send the second email to you confirming your Order. We are unable to rectify mistakes after this time, although you still have the right to cancel described below.

The prices indicated on our Website at checkout include all taxes, including VAT, which may be payable in respect of the Product(s) and delivery charges.

All payments must be made at the time of despatch of the Product(s) to you. Payment for all Product(s) must be by credit or debit card. We accept payment by Visa, Mastercard, Switch and Solo. If we are unable to accept your Order for any reason then we will, at our option, either not debit your credit card or refund any money paid by you in respect of that Order. We will not despatch the Product(s) until we receive payment in full.

Prices are liable to change at any time, but changes will not affect Orders which we have already confirmed as described above.

For payment by card, all credit and debit cardholders and bank/building society account holders respectively may be subject to authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.

By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorisations for your payments for Product(s).

We aim to deliver Product(s) to you, to the delivery address you have requested in your Order within the time set out in our Shipping Times but we cannot give an exact delivery date. If we provide you with an estimated delivery date and there is a delay, we will notify you of this and provide you with a new delivery time.

If we have not delivered the Product(s) within 30 days of submitting your Order or any other date that we have agreed with you then you may cancel the Contract and we will refund any money paid by you.

1. Subject to any specific warranties we offer in relation to particular products, or those which are implied by law, we do not offer any warranty or guarantee on our products. In connection with the circumstances in which the Product(s) are supplied by us, the warranties implied by law are that the Products comply with the descriptions provided by us, are fit for purpose and are of satisfactory quality.
2. You should inspect the Product(s) when you receive them for defects or damage. Please try on any footwear you have received from us indoors with socks. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. If you find a defect or damage and you are not happy with your purchase you must tell us as soon as possible by writing to us at info@ninewest.co.uk or Customer Relations 24 Britton Street, London EC1M 5UA and we will ask you to return the Product(s) to our Customer Service Centre.
3. If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, including any delivery charges you paid either when ordering the Product (if you are being given a refund) or returning the item to us, provided that you have not worn or used and damaged the Product(s). If you would prefer repair or replacement of the Product(s) please contact us and we will replace the item at no extra charge to you where this is reasonably practicable.
4. If the Product(s) are found to have been damaged after delivery to you, we will contact you to let you know and discuss this with you. It is your responsibility to arrange collection of any unauthorised returns from our premises, for example Products which have been returned because they were defective but which are subsequently found not to be defective; accordingly we reserve the right to return these Products to you at your cost. We will be unable to refund any delivery charges you paid either when ordering the Product or returning the item to us.
5. These Terms of Sale do not exclude our liability (if any) to you for:
   • personal injury or death resulting from our negligence;
   • fraud;
   • any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
6. Subject to paragraph (5) above, we are only liable to you for losses which you suffer as a result of a breach of these Terms of Sale by us. Our liability for losses you suffer as a result of us breaching these Terms of Sale is strictly limited to no more than 125% of the purchase price of the Product you purchased and this cap includes any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.
7. Subject to paragraph (5) above, we are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
   • loss of income or revenue;
   • loss of business;
   • loss of profits or contracts; or
   • loss of anticipated savings
   • provided that this shall not prevent claims for loss of or damage to your tangible property in accordance with your statutory rights or paragraph (6) or any other claims for direct financial loss that are not excluded by any of the above categories of loss of this paragraph (7).
8. Subject to paragraph (5) above, we are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

Please note that nothing contained in these Terms of Sale in any way affects your statutory rights.

If you require any information as to your statutory rights, you may wish to contact your local Citizen's Advice Bureau or refer to the Office of Fair Trading's Website.

If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the Contract (other than for personalised or other products which we have specified as non-returnable) and receive a refund from us, including any delivery charges you paid when ordering the Product. You must inform us in writing at Customer Relations 24 Britton Street, London EC1M 5UA or by email at info@ninewest.co.uk if you wish to cancel within seven working days, starting on the day after the Product(s) are delivered to you. If you contact us by telephone you will need to follow this up with confirmation to us in writing either by e-mail or post.

If you choose to cancel then you must return the Product(s) to us using our free postal returns service. You must ensure that you take reasonable care of the Product(s) including the original box supplied with the Product(s) if any. Please try on any footwear you have received from us indoors with socks. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

If you have not returned the Product(s) within 14 days of cancellation or when requested by us to do so, whichever occurs first, we can collect the Product(s) from you at your cost. Details of your right to cancel or return will also be provided in the delivery note which accompanies the Product(s).

Gift recipients are entitled to a non refundable merchandise exchange or may request that a refund is made to the purchaser of the Product(s). To exchange your gift selection or request that a refund is made to the purchaser please follow the instructions included with your package.

Where you paid for Products by payment card, refunds will be made by re-crediting your payment card account from which the money was originally debited.

All refunds will be made within 30 working days either:

• (where Products have not been delivered to you at the delivery address you have requested within 30 days of your Order) of our confirmation by email to you that your Order has been cancelled; or
• (where Products have been delivered to you) of our receipt of the Products you have returned to us.

We may not necessarily keep a copy of these Terms of Sale and your Order. We advise you to print a copy of them for your information in the future.

The Contract and all communications between us will be conducted in the English language.

These Terms of Sale constitute the entire agreement between us as to your purchase of the Product(s) and shall supersede any prior agreement or representation.

We will take all reasonable care to ensure that all details, images and descriptions of Products are correct at the time that the information is first put onto our Website. However we cannot guarantee the accuracy of images portrayed on this Website. Colours of actual Products may differ from those in images and this is a product of our photographic process.

The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms of Sale or of any term of these Terms of Sale will be governed by the law of England and Wales.

The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Sale or use of the Website. However you should note that this does not prevent residents of Northern Ireland or Scotland from starting proceedings in their own local courts.

If any provision of these Terms of Sale is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms of Sale which shall remain unaffected.

No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them.

A person who is not a party to a contract governing the Terms of Sale between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms of Sale expressly provide for such rights.

All contents of this website are: Copyright 2011 Kurt Geiger Limited