Terms and Conditions of use
Terms and Conditions
H.Huntsman & Sons, Huntsman, Huntsman Savile Row, Huntsman are trading names of H.Huntsman & Sons Limited, with company registration number 05313942. Our registered address is 11 Savile Row, London, W1S 3PS. Our VAT number is 863 8202 18. If you have any comments about Huntsman, please email us at firstname.lastname@example.org
1. In General
Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, which may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
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.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. H.Huntsman & Sons will 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
The intellectual property rights in all software and content made available to you on or through this Website remains the property of H.Huntsman & Sons or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by H.Huntsman & Sons. You may store, print and display the content supplied solely for your own personal use. Any reproduction or redistribution, publishing, manipulation, distribution, in any format, of any of the content or copies of the content supplied to you or which appears on this Website is prohibited and may result in civil and criminal penalties. You may not use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by H.Huntsman & Sons or its licensors. H-Huntsman.co.uk, H-Huntsman.com, Huntsman, and Huntsman Savile Row are trademarks belonging to H.Huntsman & Sons Limited. No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of H.Huntsman & Sons Ltd.
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. H.Huntsman & Sons tries to ensure that the information on this site is accurate and complete. H.Huntsman & Sons does not promise that H.Huntsman & Sons’ Content is accurate or error-free. H.Huntsman & Sons does not promise that the functional aspects of the Site or content will be error free or that this Site, H.Huntsman & Sons’ Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
5. H.HUNTSMAN & SONS/HUNTSMAN Community Areas
H.Huntsman & Sons reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
Terms of Sale
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the H.Huntsman & Sons terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to H.Huntsman & Sons, whose applications are acceptable to H.Huntsman & Sons and who have authorised H.Huntsman & Sons to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. H.Huntsman & Sons reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where H.Huntsman & Sons feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
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.
• Despatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery and Returns for further information.
• In order to contract with H.Huntsman & Sons you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. H.Huntsman & Sons retains the right to refuse any request made by you. If your order is accepted we will inform you by email from H.Huntsman & Sons. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised 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.
6.1. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment. We also reserve the right not to accept your order in the following cases:
• Shipping restrictions applying to a particular item.
• The item ordered is out of stock
• The item ordered does not satisfy our quality control standards and is withdrawn.
• You do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
6.2. 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 that 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. Where applicable, prices are inclusive of VAT. Where applicable, delivery costs will be charged in addition; such additional charges are clearly displayed and included in the ‘Total Cost’.
The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfill 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.
Payment can be made by Visa, Visa Debit, MasterCard, Mastercard Debit, American Express, Visa Delta, Electron, and any other methods which may be clearly advertised on the Site from time to time. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to H.Huntsman & Sons, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered H.Huntsman & Sons user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple, and secure, H.Huntsman & Sons uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care (in so far as it is in our power to do so) to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
6.4. Discount Codes
Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
The conditions of use relating to any discount code will be specified at the time of issue.
These T&Cs relate to all H.Huntsman & Sons promotions, competitions and discount codes (unless otherwise stated).
Only one promotion code can be used per order.
A promotion code can’t be used after an order has been placed.
6.5. Insurance and Delivery
H.Huntsman & Sons insures each purchased item from the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods is transferred to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by the specified recipient (or at that delivery address) is evidence of delivery and fulfillment by H.Huntsman & Sons, and transfer of responsibility in the same way.
Please note that we aim to despatch all orders within 3 – 5 working days. Estimated delivery times are to be used as a guide only and commence from the date of despatch. H.Huntsman & Sons is not responsible for any delays caused by destination customs clearance processes.
6.6. Returns and Exchanges
CANCELLING YOUR ORDER UNDER THE DISTANCE SELLING REGULATIONS
If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us provided you give us written notice. Notice can be given any time after your order has been placed, up until 30 working days from the day after you received you order. Notice of contract cancellation under the DSRs must be given in writing to: Notice of Contract Cancellation, Huntsman 11 Savile Row London W1S 3PS. or by email to: email@example.com
For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost. However, you will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost. Cancelled orders should be returned to: Huntsman 11 Savile Row London W1S 3PS.
Items should be returned unused and in their original condition, from the original delivery country and with all Huntsman garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
Where provided, belts and any packaging such as authenticity cards, dust bags, and leather tags should be included with your return.
Please email firstname.lastname@example.org if any of your purchases have been delivered without Huntsman tags.
We recommend that you insure the return shipment as you are responsible for taking reasonable care of the goods and will be liable for damage to them until we receive them at our premise. We also recommend you retain proof of sending. Refunds will be issued within 30 days of us receiving your cancellation notice. If we do not receive the cancelled order back, we will arrange to have it collected from you at your cost.
Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation any time after your order has been placed, up until 30 working days from the day after you receive you order, by email or post as described above.
Our collections service is not available for orders cancelled under the DSRs.
Returns of orders under the DSRs are at the customer’s cost.
6.7. Faulty goods
Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.
We have made every effort to display as accurately as possible the colours of our products that appear on H-Huntsman.com. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.
- 7. 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 H.Huntsman & Sons, 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 H.Huntsman & Sons’ 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.
- 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. However, 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.
9. Disclaimer as to ownership of trademarks,images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with H.Huntsman & Sons and you should not rely on the existence of such a connection or affiliation. Any trademarks/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 H.Huntsman & Sons.
You agree to indemnify, defend and hold harmless H.Huntsman & Sons, 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 of this Website or your breach of the Terms of Service.
H.Huntsman & Sons 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 will remain 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.
15. 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.
16. 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 H.Huntsman & Sons. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of H.Huntsman & Sons.
17. No Commercial Use
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
18. Your Activity
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
19. Third Party
We may include hyperlinks on this Site to other websites or resources operated by parties other than H.Huntsman & Sons, including advertisers. H.Huntsman & Sons has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
20. Your Rights
You have certain rights under the law. In England these include:
- That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
- Certain remedies if a product is defective; and
- A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
21. Limits on your Liability
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in the TOS is intended to affect your rights under the law (see “Your Rights” above).
If H.Huntsman & Sons breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and H.Huntsman & Sons at the time of you placing your order, H.Huntsman & Sons dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us H.Huntsman & Sons harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
23. Our Relationship
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and H.Huntsman & Sons as a result of the TOS or your use of this Site. You agree that you may not and will not claim to be a representative, agent, or employee of H.Huntsman & Sons, and we shall not be liable for any representation, act, or omission on your part.