1.1 We operate the website www.spencerhart.com. We are Spencer Hart Retail Limited, a company registered in England and Wales under company number 7421025 and with our registered office at 36 Savile Row, London W1S 3QB. Our main trading address is 62/64 Brook Street, London W1. Our VAT number is 103430179.

1.2 If you would like to contact us you can email us at web@spencerhart.com.

Our site is only intended for use by people resident in those EU countries listed in clause 24 (Serviced Countries). We do not accept orders through our site from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found in clause 24, which you should review before ordering Products from us. If you live outside the EU, please contact us at one of our retail stores for advice on how you can order our Products.

3.1 We have certain policies in place that cover who can place an order to purchase Products from our site. By placing an order through our site, you warrant that:

(a) you are legally capable of entering into binding contracts and are at least 18 years old;
(b) you are resident in one of the Serviced Countries;
(c) you are accessing our site from that country; and
(d) you are purchasing Products for your own personal use, and not for resale or for any other commercial purpose; and
(e) that the payment details that you provide are correct and valid, that you are entitled to provide those details, and that that you are the person referred to in the billing information you provide.

3.2 In order to purchase Products through our 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.

3.3 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.

3.4 Please refer to our Privacy Policy for further information about how we use your data.

3.5 Our site is available only to individuals and others who meet our eligibility criteria, who register in accordance with these Terms, who hold a credit or debit card as listed in paragraph 9.5 below, and with whom a Contract is properly formed in accordance with these Terms.

3.6 If we determine that you are or have been engaged in prohibited activities or have otherwise violated these Terms we may deny you access to our site on a temporary or permanent basis.

3.7 We expressly reserve the right to, and you agree and acknowledge that we are entitled to, restrict multiple quantities of any Product being ordered by, or dispatched to, any one customer or any customers that we reasonably believe to be linked, or to any one address.

4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to the availability of Products and also to acceptance by us, and we will confirm which Products are available and in respect of which Products your order has been accepted to you by sending you a further e-mail that confirms that payment for the relevant Products has been taken from your account (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.

4.2 The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any Products other than those listed in an Order Confirmation.

4.3 Products that you place in your shopping basket whilst shopping on our site are not reserved for you.

5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of themselves. You should carefully review their terms and conditions applying to the transaction.

5.2 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux. We will notify you when a third party is involved in a transaction, and if we disclose your personal information related to that transaction to the third party seller.

6.1 You may, under the Distance Selling Regulations (the DSRs) cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).

6.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. 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.

6.3 Certain products that we offer for sale through our retail stores and concessions are not available for purchase through our site. These include, but are not limited to, any products that require alterations before payment is taken in full by us. If you would like to purchase products from us that are not available to order through our site, please contact us at web@spencerhart.com and we will be able to advise you of your nearest Spencer Hart retail store.

6.4 We reserve the right to withdraw any product from our site at any time. The withdrawal of a Product will not affect any order you have already placed for such Products unless we are required to make a change to your order by law.

6.5 You will not have any right to cancel a Contract for the supply of any of the following Products:
(a) Underwear and swimwear; or
(b) Fragrance and other toiletries.

6.6 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your other statutory rights as a consumer.

6.7 Please note that although we have taken every care to ensure that the images of Products on our site are representative of those Products, we cannot guarantee that the colours you see on your monitor or screen will be accurate.

7.1 Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.

7.2 We will generally accept orders from the countries set out in clause 24, although we reserve the right to decline to accept any order at our sole discretion.

7.3 Your Products will be packaged for protection in in sealed plastic bags and the Company’s standard packaging. If you would like your Products to be packaged in some other way (for example in a gift box), please contact us by email at web@spencerhart.com.

7.4 We use the following delivery methods, at the following costs:

Business days are Monday to Friday, but not Saturday, and exclude public holidays and bank holidays in both the United Kingdom and the destination. Where an order for next day delivery is received by 15.00 on a Business Day it will be processed for delivery on the following Business Day. If an order for next day delivery is received after 15.00 it will be processed on the following Business Day.

7.5 All Products must be signed for upon delivery, and cannot be re-routed once dispatched. If you do not ensure that someone is available to sign for your Products, they will be returned and you may incur additional delivery costs.

8.1 The Products will be your responsibility from the time of delivery.

8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

9.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.

9.2 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

9.3 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.

9.4 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.

9.5 Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, American Express, Maestro debit cards. We will not charge your credit or debit card until we are about to send you an Order Confirmation.

10.1 You can return a Product to us in one of the following ways:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period set out in the DSRs (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us; or
(b) because you have notified us in accordance with clause 21 that you do not agree to a change in these Terms or in any of our policies, or because you consider that the Product is defective, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.

10.2 If you wish to return a Product that is not defective and you do not wish to cancel your Contract using the DSRs, you can use our discretionary returns service. To do this, you must contact us within 7 days of order receipt and request a Returns Number. You must return your unwanted items within 14 days of receiving your Returns Number. You will, subject to your complying with the requirements of clause 10.3, receive a refund of the value of the unwanted Product, or an exchange for the same item in a different size, (if stock is available). Shipping is complementary on items exchanged in this way, but exchanges made to destinations outside of the UK will be processed for customs clearance and therefore any relevant import duty and tax charges will apply. Please note that free collection is not available for orders cancelled under the DSRs.]

10.3 All Products that you return to us must be unused with the original packaging intact and included and with all tags and labels still attached. Returns that are incomplete, damaged or soiled may not be accepted and may be returned to you and/or a refund refused. If you do not include a Returns Number with your return we may not be able to identify you; unidentified returns may be returned to the sender.

10.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, together with any applicable delivery charges and any reasonable costs you incur in returning the item to us.

10.5 Please note that the following Products are non-returnable, and any attempted returns will not be accepted by us:
(a) Underwear or swimwear; and
(b) Fragrance or other toiletries.

We warrant to you that any Product purchased from us through our site will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

12.1 Subject to clause 12.3, if we fail to comply with these Terms, we shall only be liable to you for the purchase price of the Products and, subject to clause 12.1, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are direct losses that are a foreseeable consequence of such failure. Subject to clause 12.3, our liability to you shall not exceed the value of the Products purchased.

12.2 Subject to clause 12.3, we will not be liable for losses that result from our failure to comply with these Terms that fall into the following categories even if such losses result from our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 12.1 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 12.1.

12.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

12.4 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.

12.5 Your use of our site and its content grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to any graphics, photographs, including all image rights, sounds, music, video, audio or text on our site (Content), including software and all HTML and other code contained in our site (IPR). All Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on our site is protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by us and/or our third party licensors. Any reproduction or redistribution of Content is prohibited and may result in civil and criminal penalties. Copying and use of Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

12.6 Whilst we try to ensure that the information on our site is accurate and complete we do not make any promise that our site, or its functional aspects, or its Content will be error free or any of them or the server that makes them 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.

12.7 The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the our views and we do not accept any responsibility for any such views expressed in any media.

13.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

All notices given by you to us must be given in writing to Spencer Hart Retail Limited at 36 Savile Row Limited. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16.1 The contract between you and us is binding on you and us and on our respective successors and assignees.

16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.

17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

18.3 No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.

If any court or competent authority decides that any of the provisions of these Terms or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

20.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

20.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.

20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

20.4 Nothing in this clause limits or excludes any liability for fraud.

21.1 We have the right to revise and amend these Terms from time to time.

21.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

A person who is not party to these Terms or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

24.1 The following countries are those from which we generally accept orders:

24.2 Please note that we are not able to deliver to forwarding addresses or to Post Office boxes under any circumstances.

24.3 We comply with all international trading agreements and regulations of which we are aware, and as a result may be unable to deliver certain Products to certain destinations. We will advise you if we are unable to accept your order due to any such restriction.