TERMS AND CONDITIONS
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Welcome to ellesse.com/uk (the “Website”). There are a few rules that our visitors must follow when using our Website, so we ask all our visitors to read our Terms and Conditions carefully.
This Website is operated in the UK by Pentland Brands Ltd on behalf of Ellesse Limited (“Ellesse”, or “we” or “us”) and all rights, including copyright, in the content of the Website is owned or controlled by Ellesse.
Ellesse and its affiliates provide access to the Website and sells its products to you subject to the Terms and Conditions set out on this page.
If you have any comments or queries relating to this Website, please use our Contact Us pages.
1. What do I agree to by entering the Website?
You are invited to use the Website on the basis of the Terms and Conditions of use set out below.
By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website.
Ellesse may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions.
If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.
2. The Features
The Website may offer the following features to you: purchase of products, competitions, prize draws, video clips and sound files (the “Features”).
3. Conditions of Using Features on the Website
You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:
a) not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libelous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful;
b) not to use Features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of any User or other party;
c) if you or any other party has any issues or concerns with the content of any communications generated via the Website, you should contact the website moderator as soon as possible; and
d) that all Features will be used entirely at your own risk and Ellesse accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website.
If Ellesse is informed or has any reason to believe that any of the Features on our Website are being used by a user other than in accordance with these Terms and Conditions, Ellesse reserves the right to suspend or permanently prevent access by the user to the Features and shall have no liability to the user whatsoever in such event.
4. Sending Us Information
We are happy to receive from you any ideas, suggestions, graphics, pictures or anything else, but do please remember that, by sending us your submission (the “Material”) you will be deemed to have granted Ellesse (and any of its subsidiaries or associated companies) a perpetual, royalty-free, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the Material. By submitting your Material to this site, you also warrant that:
a) you have the right to make it available to Ellesse;
b) the Material is not defamatory; and
c) the Material does not infringe any law.
You agree to indemnify Ellesse against all legal fees, damages and other expenses that may be incurred by Ellesse as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above. You may not violate, plagiarise, or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal, publicity, or proprietary rights.
This means that all stories, comments, suggestions, ideas, graphics or other information sent to us can be used by us as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we do use your Material for any purpose. So remember don’t send us your Material if you don’t want us to use it or the world to know it.
6. Website Content – Accuracy and Permitted Use.
Ellesse makes every effort to ensure that the content of the Website is accurate and up-to-date, but Ellesse does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.
Ellesse may remove material or Features, from the Website at its own discretion and without any notice.
You are permitted to use the material that is displayed on the Website from time to time only as expressly authorized by Ellesse.
This Website is intended to provide amongst other things, information relating to Ellesse products and is designed for personal, non-commercial use only.
You may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose, including (but not limited to) selling on of any products purchased from the Website to eBay or any other auction site advertising or to promote or encourage traffic to any other website.
7. Copyright, legal statement and database rights
All content and compilation of such content together with all software included on the Website, such as text, graphics, logos, button icons, images and software, is the property of Ellesse or its subsidiaries, its affiliates or its content suppliers and is protected by UK, European and International laws.
You may not extract and/or re-utilise parts of the contents of the Website without Ellesse’s express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilization of any substantial parts of this Website. You also may not create and/or publish your own database which features substantial (e.g. our prices and product listings) parts of this Website.
Please also refer to our Legal Statement below.
8. Legal Statement
www.ellesse.com/uk is a registered domain name of Ellesse Limited and is operated in the US by TBC.
Ellesse’s registered office address: 8 Manchester Square, London, W1U 3PH
Ellesse is a registered data controller, registration no. Z5051762
9. Intellectual Property Rights
You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website (“Intellectual Property Rights”) shall remain at all times vested in Ellesse and that these are protected by copyright and other laws and international treaty provisions.
Users may not, other than in accordance with these Terms and Conditions, modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, without first obtaining written permission from Ellesse to do so.
Nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.
10. Limitation of Liability
The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis.
While Ellesse takes all reasonable steps to ensure that the Website is properly functioning at all times, Ellesse does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects.
Ellesse has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and Ellesse shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.
Except in relation to liability for death or personal injury, Ellesse shall not be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including, but not limited to, installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.
11. Governing Law
Your use of the Website, any purchase by you on the Website of any products and these Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England.
By accepting these Terms and Conditions and using the Website, you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
By registering you agree to receive emails from ellesse.com/uk, and you can unsubscribe by using the links in the emails that we send.
The accessibility guidelines we follow include:
Allowing users to control text sizes.
Using an easy to read font type.
Ensuring suitable foreground and background colour contrast.
Identify the primary natural language of a document, and using clear and simple grammar.
Providing meaningful text equivalents for pictures.
Providing simple, consistent site navigation.
Ensuring the target of each link is clearly defined.
Providing a sitemap.
Providing navigational shortcuts for users of text only browsers and page readers. Included are Skip Links (RNIB tested) and WAI ARIA Landmark Roles (supported by JAWS 10, NVDA 2010.1 and Voice Over in iOS 4)
Using appropriate structural mark-up to maximise browser support.
Using a logical tab order through links, form controls, and objects.
Ensuring all content and functionality is available to users without content style sheet (CSS), image and script support.
Including default, place-holding characters in edit boxes and text areas.
Pressing the ‘Tab’ key on your keyboard will sequentially move focus through the elements on the web page you are viewing.
After a page loads pressing the ‘Tab’ key twice will bring focus to the keyboard navigation short cuts or “Skip Links”. Press the ‘Enter’ key to move the focus to one of the optional locations on the page.
Pressing 'Shift' and 'Tab' will move focus through the Tab Index in the reverse order.
Press 'Enter' to use the link or button you are focused on.
If you are focused in a text field , you will see the cursor inside it and you will immediately be able to start typing.
If you are focused on a select box (drop-down or list) use the up and down arrow keys to select an option then press the ‘Tab’ again to move out of the select box.
If you are focused on a radio button press ‘Spacebar’ to select it. You can also use the keyboard left and right arrows to move between the options in a set of radio buttons.
If you are focused on a checkbox press ‘Spacebar’ to select it.
The size of the text on the site can be adjusted through your browser's settings.
Internet Explorer Text size: from the 'View' menu in the browser select the 'Text Size' submenu and choose the size that you would like to change to. Firefox Text size: from the 'View' menu in the browser select the 'Text Size' submenu and choose whether to increase or decrease the text size.
Alternatively you can Zoom in or out with the following keys.
'Ctrl' and '+' to Zoom In
'Ctrl' and '-' to Zoom out
'Ctrl' and '0' will reset the Zoom level to its default
Code - Markup & Style
We use the HTML5 Doctype and test our markup against the W3C validator, to ensure that the markup is well formed. 100% valid code is not a goal, but validation certainly helps to write more maintainable sites as well as debugging code. We do not guarantee code is 100% valid, but instead assure the cross-browser experience is fairly consistent.
We use CSS2 and CSS3 where appropriate, linked from external styles sheets to maintain the separation of structure and from style.
The site is tested on both PC and Mac and is fully functional in the following browsers:
Internet Explorer 9 and above
Firefox (latest version)
Chrome (latest version)
The site will be functional in older browsers however it should be noted that presentational elements may not be fully rendered, and rendering may downgrade gracefully.
Information about cookies
We use session cookies that allow you to be remembered within the website, so any page changes or item or data selection you do is recalled from page to page. This means that you don’t get asked the same information that you’ve already given to the site. These cookies are temporary and are erased when you close your browser at the end of your browsing session.
We use tracking cookies. These help us to remember your information and settings when you visit our website in the future. This results in a faster and more convenient access and may enhance your experience of services or functions we offer. These cookies remain on your hard drive until you delete them or they expire (they have varying expiry dates, going up to two years).
We also use web analytics cookies to help us understand what content is most useful to our visitors. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they’re using it. This helps us to improve the way our website works, for example by making sure that users are finding what they need easily.
Our cookies do not keep personally identifiable information. None of the data we get from cookies will contain information that will enable anyone to contact you via telephone, email, or any other means.
Please visit www.aboutcookies.org to find out more about cookies.
We take the privacy and security of your payment and personal details very seriously. Our site uses high-level SSL encryption technology from Digicert, one of the most advanced security solutions currently available for online payments.
You can tell whether a page is secure as 'https' will replace the 'http' at the front of the www.ellesse.com/uk in your browser address window. A small locked padlock will also appear in the bottom bar of your browser window.
TERMS AND CONDITIONS OF SALE
Please carefully read these Terms and Conditions before purchasing any Ellesse products on the Website. By purchasing Ellesse products on the Website, you agree to be bound by these Terms and Conditions.
1. Your Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered.
The Website only sells products to individuals who can purchase with a credit card/debit card/PayPal. If you are under eighteen (18), you may use the Website only with the express permission and supervision of a parent or guardian.
Ellesse reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.
3. Our Contract
When you place an order to purchase a product from the Website, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send an email to you confirming that we have accepted the order (the ‘Order Confirmation Email’). Such acceptance will be complete at the time we send the Order Confirmation Email to you. You are seeking to enter into a contract with Ellesse when you place an order.
This contract is legally binding when you have placed an order, your order has been accepted by us and we have sent you the Confirmation Email.
Ellesse will retain the title in the products until full payment has been made by you and has been received by Ellesse.
Ellesse reserves the right to hold any orders prior to shipping for security review. Ellesse only delivers its products to the locations listed on the Website. In the event that an order is placed for a delivery to a location where we do not deliver to the order will be cancelled and a refund processed.
4. Fraud prevention, fraud screening and age and identity verification checks
By confirming your order, including by taking the positive step of ticking the relevant box on our website, you will be indicating that you have read, understood and agree to these e-commerce terms and conditions and that you explicitly consent to your personal information being used by us, its third party service providers and Fraud Prevention Agencies (as further described below) for the following purposes. You should not confirm your order or tick the relevant box on our website unless you consent to this use of your personal information. If you have any questions at all about this, please contact us at firstname.lastname@example.org before you proceed with your purchase.
Your personal information including your full name and address, your bank account and card payment details and your sensitive personal data will be used for fraud prevention, fraud screening and age and identity verification purposes. This personal information may be disclosed to and used by fraud prevention agencies (“FPAs”) for all such purposes and those agencies may keep a record of it where permitted by applicable data protection legislation (as amended and/or replaced from time to time). This personal information will also be disclosed to third parties providing fraud prevention, fraud screening and age and/or identity verification services us.
As part of this, we may check the following records about you:
- our own records;
- records held by third parties providing services to us; and
- records at fraud prevention agencies (FPAs).
The checks described above may include assessing and verifying identities to prevent and detect fraud. The information we obtain from third parties providing services to us and FPAs will help us to decide whether we are willing to accept payments from you through our website(s) and whether to complete the payment process through our website(s).
As explained above, personal information about you may be sent by us to FPAs and recorded by them. In addition, we may give details of the payments you make to FPAs. All such information may be supplied by the FPAs to other organisations in order that they may perform similar fraud prevention, fraud screening and age and identity verification checks against you, including as part of online transactions and otherwise. Records remain on file for up to 6 years after checks are carried out.
If you give us false or inaccurate information about yourself and if we suspect fraudulent payments and/or identity fraud we will record this and may also pass this information to FPAs and other organizations involved in crime and fraud prevention. We and other organisations may access and use information which relates to you and which is recorded by FPAs in other countries.
This section constitutes a short form explanation about how your personal information may be used by us in conjunction with the FPAs. If you would like to obtain full details about this, please contact us at email@example.com
We will endeavour to deliver all products you have ordered within 30 (thirty) days from your Order Confirmation Email. Please click here to view our delivery details and charges (if applicable).
All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss for such products pass to you upon our delivery to the carrier. If you have received your Order Confirmation Email but your products have not arrived within the time specified in the Order Confirmation Email, please contact us and we will do our best to assist. Note that during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement please allow an additional day before raising a query.
All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss for such products will pass to you when we deliver your product(s) to the address you gave us or you (or, in limited circumstances, a carrier organised by you) collects the product(s) from us. You will be responsible for the product(s) once they have been delivered in accordance with the delivery instructions. If you have received your Order Confirmation Email but your products have not arrived within the time specified in the Order Confirmation Email, please contact us and we will do our best to assist. Note that during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement please allow an additional day before raising a query.
If your order has not been received within our specified timescales as further set out below, in the first instance please check with your local mail delivery office to see that they are not holding your parcel. If they confirm that they do not have your products, please contact us and we will do our best to assist.
You can only return Ellesse products that have been purchased directly through this Website. Ellesse products purchased at a retail store or from other websites must be returned to the original store or site from which they were purchased.
If for any reason you are not happy with your Ellesse products, please follow our Delivery, Returns, Exchanges and Repairs Policy, so that we can assist you in the exchange or refund of your order. Ellesse reserves the right to reject the return of products that are not returned in accordance with our Returns, Exchanges and Repairs Policy Procedure and we may request that you pay for delivery charges in returning such goods back to you. Our returns policy does not affect your statutory rights.
A. Returns or Exchange
You may exchange or return new, unworn or unused products within thirty (30) days from the date on which the goods were shipped to you or, if the goods are under warranty, in accordance with the warranty terms supplied to you on purchase. Where you wish to exchange a product, please note that you may be required to pay an additional sum where the replacement product is more expensive that the original item purchased.
Please note: your right to exchange or return products is separate from your statutory right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 (see below).
If you are returning goods for exchange or return, you are responsible for the cost of returning them to us.
We will not refund the original delivery charge in the case of exchanges or returns.
Please note: If you are a UK or EU customer you will only be reimbursed the original delivery charge where you exercise your statutory right to cancel within the fourteen (14) day period beginning after the day of receipt of the goods under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 – see Statutory Right to Cancel below.
You will also be liable for the delivery costs incurred by us in sending you any products as exchanges.
In the case of returns, you will only be refunded the value of the goods ordered.
We will only pay the return costs and subsequent re-delivery costs (if applicable) if the return is a result of our error or the goods are faulty.
This Returns Procedure does not affect your statutory right to cancel or any of your other statutory rights.
B. Statutory Right to Cancel
If you are a UK or EU customer, in addition to our Returns or Exchange Procedure, you have fourteen (14) days (beginning the day after receipt of the goods) to cancel your purchase order under the Distance Selling Regulations.
These legal rights do not apply to non-EU customers.
Where you exercise your statutory right to cancel, we will provide a full refund on the price paid for the goods and the original delivery charge.
Where you fail to return the product(s) in question or you send them at our expense, or if our appointed courier collects the goods from you, we reserve the right to charge you for the direct costs incurred by us in collecting or returning the goods (other than where the goods have been sent to you in error or where such goods are faulty in which case, such costs shall be at our expense).
Where you exercise your right to cancel within fourteen (14) days, you should return the goods to us as soon as reasonably practicable. Please note: if we have provided any services as part of the purchase (e.g. products made to order or gift wrapping) and we have begun to provide these services before you have exercised your right to cancel, we shall not reimburse the costs of such services.
We will refund all monies received from you (including the outbound delivery cost) within 14 (fourteen) days of receiving the product(s) from you or within fourteen (14) days of you providing us with proof of return. Please note that if you have opted to deliver the product(s) back to us by more expensive means than the standard delivery option offered, you will not be refunded for the full outbound delivery cost. We will only refund you the cost of the standard delivery option.
How do I exercise my statutory right to cancel?
In order to exercise your right to cancel, please:
send an email to firstname.lastname@example.org; or
write to us at our address at the end of these terms;
making it clear in your correspondence that you are giving notice to exercise your statutory right to cancel.
Your email or letter will be deemed to have been received by us on the date you send it (provided it is sent to the correct address and it is sufficiently clear that you are exercising your right to cancel). Please try and keep the confirmation of any letter or email to demonstrate the date when you sent it.
C. Conditions for All Returns, Exchanges or Statutory Right to Cancel
All goods must be returned to us unused, together with all original packaging (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please make sure that your return package is packed and sealed securely (in or with the original packaging if possible). Packages must be returned with the freight prepaid. We recommend the use of an insured parcel service, such as FedEx, UPS or the United States Postal Service.
With your purchase of Ellesse products, you will receive a Delivery Note and Returns Form. To return items to us, whether for exchange or return, simply fill out your Returns Form as instructed, include the Returns Form in the package and attach the label (including your Delivery Note number) to the outside of the package then post it back to us. If you do not have your Delivery Note or Returns Form, our Returns Team will be happy to send you electronic copies for you to print off at home. You can contact them by clicking here.
If there are any discrepancies with your order, you must notify us as soon as possible. If you have been shipped the incorrect goods then please do accept our apologies. Please follow the Returns Procedure and on receipt of your order, we will reimburse the cost of returning them to us. Any replacements will be sent to you at no extra cost to yourself.
Please note that the return postage refund will be sent to the original payment method used to place the order. Please allow up to thirty (30) days for your refund to be processed.
7. Feedback and Complaints Policy
We welcome any comments about our service, so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our service, please e-mail our Customer Services Team stating clearly that you are making a complaint. Alternatively, call us on the number stated on the Website and say that you wish to make a complaint. Our aim is to respond to your complaint within fourteen (14) working days, either resolving the complaint, or with a timescale for resolution.
8. Pricing, availability and promotions
All prices are quoted in GBP Pound Sterling (UK) and US Dollars (USA) and do not include individual State Sales Tax (USA) unless otherwise specified. All item prices are exclusive of delivery charges. We list availability information for products sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. Please note that shipping dates are estimates only. Unless otherwise stated, dispatch dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products you order are subsequently found to be unavailable.
Despite our best efforts, a small number of the products on the Website may be mis-priced. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.
Promotions and discount vouchers, also known as promo codes and coupon codes, cannot be applied to products which are on closeout. Closeout items that are priced lower than the MAP.
9. Disclaimer and limitation of liability
This Website is provided by Ellesse on an “as is” and “as available” basis. Ellesse makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.
Ellesse disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. Endura does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components.
Ellesse will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Laws of certain countries or states 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.
10. Electronic communications
When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We are under a legal obligation to notify you that certain disputes can be settled by Alternative Dispute Resolution (“ADR”). The approved body to resolve disputes via ADR in our industry is The Retail Ombudsman. Alternatively, there is also an Online Dispute Resolution (“ODR”) Platform available here: //ec.europa.eu/odr
However, please note that settling disputes via ADR or ODR is not mandatory and we have not elected to resolve our disputes via ADR or ODR. This means that any dispute relating in any way to your visit to the Website or to products you purchase through the Website may be submitted to the courts of England and Wales, except that, to the extent you have in any manner violated or threatened to violate Ellesse’ intellectual property rights, Ellesse may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.
12. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these Terms and Conditions of Sale at any time. Your usage of the Website and your orders will be subject to the policies and Terms and Conditions of Sale in force at the time that you use the Website or that you order products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms and Conditions of Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
13. Events beyond our reasonable control
Endura will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these Terms and 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
Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
Your statutory rights are not affected by these Terms and Conditions of Sale.
16. Our details
Ellesse.com/uk is owned by Ellesse Limited, 8 Manchester Square, London, W1U 3PH, United Kingdom and operated in the US by Ellesse TBC
WAVEY GARMS X ELLESSE GIVEAWAY - TERMS AND CONDITIONS
These Terms and Conditions apply to the WAVEY GARMS X ELLESSE giveaway (the “Giveaway”). The promoter of this Giveaway is Ellesse Limited whose registered office is at 8 Manchester Square, London, W1U 3PH (the “Promoter”). By entering into the Giveaway entrants agree to be bound by the following Terms and Conditions:
1. The Giveaway opens at 6pm GMT on 22/07/20 (the “Opening Date”) and closes at 9am GMT on 05/08/20 (the “Closing Date”). No entries shall be accepted before the Opening Date or after the Closing Date. Entries are limited to one (1) entry per person. Entries not in accordance with the entry instructions are invalid.
2. The Giveaway is open to persons aged eighteen (18) or over, who are residents of the United Kingdom, Isle of Man and Channel Islands. The Promoter accepts no responsibility for entries that are misdirected, lost, delayed, damaged or corrupted due to any computer malfunction, virus, bug, delay or other reason whatsoever. The Giveaway is specifically closed to employees of the Promoter, any associated companies, their families and anyone professionally involved in this promotion.
3. In order to enter the Giveaway, entrants must: follow @ellesse and @waveygarms on Instagram, and tag a friend/other Instagram user in the comments of the Giveaway launch post, posted 6pm GMT 22/07/20 and include the tag ‘#streettailoring’ in the comment.
This Giveaway is in no way sponsored, endorsed or administered by, or associated with Facebook/Twitter/Instagram. Entrants are providing their information to the Promoter and not to Facebook/Twitter/Instagram. The information provided will only be used for purposes as detailed in clause 11.
Entrants agree that proof of submitting their Entry to the @ellesse & @waveygarms Instagram accounts shall not be proof of the Promoter’s receipt of any Entry.
4. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS GIVEAWAY.
5. There will be seven (7) first place winners (collectively, the “Winners”) . The prizes are as follows:
Each Winner will win 1 of 7 individual ELLESSE archive items upscaled and customised by @waveygarms and chosen by ELLESSE at its sole discretion. Items are one size, sizing approximation will be communicated via the Giveaway launch. Winners will not be able to choose their winning item.
(collectively, the “Prizes”)
6. The Winner(s) of the Prize(s) will be selected on 05/08/20 by [the ELLESSE team and @Waveygarms] from all entries received. The Promoter’s decisions shall be final. No correspondence will be entered into. The Winner(s) will be selected at random . Each Winner will be contacted by Instagram direct message by 05/08/20. If the Winner cannot be contacted and does not respond by 06/08/20 , the Promoter reserves the right to select another winner at random from the remaining eligible entries.
7. The Winner(s) agree(s) to take part in post-Giveaway publicity at the request of the Promoter. By entering the Giveaway, entrants agree to the Promoter’s unrestricted use of any post-Giveaway publicity for the Promoter’s own purposes in all activities including, without limitation, marketing and promotional activities worldwide including use on the Promoter’s websites and social networking platforms.
8. The Prize(s) may be altered or varied at the Promoter’s sole discretion and substituted with a prize which, in the Promoter’s sole opinion, is a suitable alternative. No cash alternatives are available. The Prize(s) is/are non-transferable and may not be sold, offered for sale, coupled or bundled with any other product or services or used for any commercial or promotional purposes whatsoever.
9. Personal data which is provided by you when you enter will be processed in a database for the purpose of managing entry into the Competition. By providing us with any personal information, you consent to the processing and storage of your personal information for this purpose. If you withdraw your consent, you will be withdrawn from the Giveaway. Please read https://ellesse.com/uk/en/privacy to understand more about how Ellesse will process your personal information.
Entrants accept that the Facebook/Twitter/Instagram page is offered on an “as is” and “as available” basis. While the Promoter takes all reasonable steps to ensure that the Facebook/Twitter/Instagram page is properly functioning at all times, the Promoter does not warrant that the Facebook/Twitter/Instagram page will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Facebook/Twitter/Instagram page or the server that makes it available are free of software viruses or bugs or other defects. The Promoter has no control over, and disclaims all responsibility for, any content which entrants (collectively known as “Users”), may encounter, or events which may occur as a result of any User’s use of the Facebook/Twitter/Instagram page to the fullest extent permitted by law, and the Promoter shall not be liable for any damages or other losses of any type whatsoever incurred by Users as a result of their use of the Facebook/Twitter/Instagram page. The Promoter does not exclude liability for death or personal injury, or any other losses which cannot be excluded or limited by law. However, by accepting these Terms and Conditions, Users accept that, to the fullest extent permitted by law, the Promoter cannot be liable to Users for any loss or damage which entrants may suffer as a result of using the Facebook/Twitter/Instagram page. Users must take their own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that up-to-date copies are made of all data) to protect Users against loss or damage.
10. The Promoter reserves the right to amend these Terms and Conditions and/or cancel the Giveaway at its sole discretion.
11. To the maximum extent permitted by law the Promoter and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prizes.
12. By entering this Giveaway entrants agree to be bound by these Terms and Conditions. All entry instructions form part of these Terms and Conditions. English law governs this Giveaway and each party submits to the exclusive jurisdiction of the English courts..
Student Beans - Terms & Conditions
All students with a valid student ID are entitled to receive a 10% discount at ellesse.com on full price items only
1. To redeem the Discount online, you must login through the Student Beans verification platforms and enter your code at checkout.
2. The Discount is only valid online for Student Beans members.
3. Discount cannot be exchanged for cash and is non-transferable.
4. Discount cannot be used in conjunction with any other offer or promotion.
5. Returned items will be refunded at the discounted price paid. This does not affect your statutory rights.
6. Ellesse.com reserves the right to refuse any student ID that it deems to be invalid or fraudulent.
7. A copy of your proof of purchase should be retained for refund purposes.
8. If you return any Offer products you will receive a full refund of the Offer amount paid.
9. Our Full Returns and Delivery Policy applies, please refer to these policies for full details.
10. Ellesse. Limited reserves the right to amend these Terms and Conditions, or to discontinue the Offer at any time.
11. Nothing in these terms and conditions shall affect your statutory rights.
12. The Offer shall be governed in accordance with the laws of England and Wales.