Terms & Conditions
Terms and Conditions
Terms and Conditions: Saleof Goods – Online and by Telephone
IMPORTANT: PLEASE READ
WE DRAW YOUR ATTENTION TOTHESE TERMS AND CONDITIONS WHICH APPLY WHENEVER YOU BUY GOODS FROM US ONLINE OR OVER THE TELEPHONE ON 0161 393 7056. PLEASE READ THEM VERY CAREFULLY BEFOREYOU PROCEED TO MAKE YOUR PURCHASE BECAUSE THEY EXPLAIN IMPORTANT INFORMATIONABOUT THE BASIS ON WHICH WE WILL SELL GOODS TO YOU.
BY PLACING AN ORDER YOUAGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
YOU SHOULD PRINT AND KEEPA COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
In these Terms:
"Website" meansOur website at www.bankfashion.co.uk
"Goods" meansthe goods which We will supply to You in accordance with these Terms andConditions.
"Order" meansan order which You place with Us detailing the Goods You wish to buy from Us.
"We/Us/Our"means BANK Fashion
"You/Your"means you, the person using Our Website and/or buying Goods from Us.
1. HOW THESE TERMS ANDCONDITIONS APPLY
1.1 The Terms in SectionA explain how Our Website must be used. They apply to ALL users of the Website.Section B also applies when You buy Goods using the Website or over thetelephone. We may amend the Terms from time to time and you are advised tocheck them regularly for any changes which We make.
Section A: Terms ofWebsite Use
2. ABOUT THIS WEBSITE
2.1 This Website is aimedat people who are consumers. The information on this Website is in English, allcommunications shall be in English and the Website is designed to comply withEnglish law. You may be viewing the Website in a market in which we do notcommonly sell our goods and We cannot be held responsible for non-compliancewith any local advertising or other laws in relation to this Website or itscontents. We may restrict access to some parts of the Website to users who haveregistered with Us.
2.2 This Website isoperated by JD PLC a company registered in England andWales with Company Number 1888425. Our registered office is HollinsbrookWay, Pilsworth, Bury, Lancashire, BL9 8RR and our VAT registration number is 787440102. We are a public limited company.
3. OUR RIGHTS IN THEWEBSITE
The copyright and otherownership rights (known as "Intellectual Property Rights") in thisWebsite and its contents (including design, text, logos, trade names, graphics,software and any other material) are owned by Us or Our licensors. You must notyourself or allow anyone else to publish, copy, distribute or modify any of thecontent of this Website (© Bank Fashion 2008 -2014. All Rights Reserved.)Anyone may view this Website and print pages from it for personal use only, forbrowsing Our products and placing an Order with Us. Any other use is strictlyprohibited without Our prior written consent. You must not make any copy of anymaterial from the Website for any business related use whatsoever.
You must not in any waycopy, reproduce or use any trademarks, logos or brand names which appear on theWebsite. Linking to Our Website on other websites is at Our discretion and Wemay require that You stop providing links to Our Website at any time.
We may use anyinformation which you upload to Our Website as We decide and We may alsodisclose that information to a third party.
4. WEBSITE CONTENT
We have taken great carein compiling this Website but neither We nor Our directors, employees or other representativesor any other companies within Our group of companies will be responsible forany damages, losses or costs however they arise as a result of Your use of orreliance on the Website. Although We aim to provide information which isaccurate and up to date, We do not guarantee to do so. You are responsible formaking sure that Your reliance on this Website is suitable for Your ownpurposes and the information which We provide is not intended to be advicewhich You should rely on. The information contained on this Website is providedon an "AS IS" basis and We exclude all warranties and representationsof any kind with respect to this Website and its contents to the fullest extentwhich the law allows.
We may change, remove orin any other way adapt the content of Our Website at any time and withoutadvance notice.
We may provide links toother websites. If we do this, those links are provided for Your convenienceonly and We cannot be responsible for the content or availability of thosewebsites or Your use of them.
We do not guarantee thatthis Website will always be available or be free from error, virus or similar.
We are under a legal dutyto supply goods that are in conformity with the contract and we aim to ensurethat the product images on Our Website are as accurate as possible but theremay be slight colour variations between the Goods and the images shown online.
5. HOW YOU MUST USE THISWEBSITE
Submissions or commentswhich are in any way defamatory, abusive, obscene, unlawful, sexist, racist orwhich may in any way cause offence to any person are strictly prohibited. Youmust not use any abusive language, be aggressive, swear, threaten, harass orabuse any other person including but not limited to other users of thisWebsite.
All information which Yousubmit should be accurate, truthful and should not be copied.
You must use Your ownidentity at all times when using the Website and should ensure that allinformation which You provide is accurate and up to date to the best of Yourknowledge. You must not use information about any other person except if Youhave their permission to do so.
You must not corrupt theWebsite, flood it with information causing it to malfunction or use anyfeatures which may affect the Website such as any worms, viruses or similarharmful elements. The use of spam (that is, multiple, unsolicited or undesiredbulk e-mails) is also forbidden.
We will not be liable forany loss or damage which You suffer as a result of any harmful materialinfecting Your computer, data or other material due to Your use of Our Website.
If You have a password aspart of Our security procedures, You must treat that information asconfidential and must not disclose it to anyone.
We may refuse access tothis Website to anyone who does not comply with these Terms.
Section B: Terms of Sale
6. OUR AGREEMENT FOR THESALE OF GOODS AND THE ORDERING PROCESS
6.1 The Website displaysGoods which are advertised for sale and gives information about them. Byadvertising Goods on the Website, We are inviting You to place an Order withUs. If You place an Order, We are not obliged to accept that Order and theContract between Us will only be formed if and when We accept Your Order.Neither submitting an electronic order form, nor completing the checkoutprocess constitutes Our acceptance of Your Order. Our acceptance of Your Orderand the completion of the Contract between You and Us will take place upondespatch to you of the Goods. You may include any number of items within asingle Order, subject to any restrictions set out in these Terms or on theWebsite and each Order which You place will be a separate Contract between Us.We reserve the right to refuse to supply Goods to any person.
6.2 Any variation of theContract must be expressly agreed between You and Us.
6.3 The followingparagraphs explain the process which You will need to go through to place anOrder and how the Contract for the sale of Goods between us will be formed.This section also explains important information about payment and delivery.
Step 1 - Choosing yourGoods
You can select a productfor purchase by clicking on the item which You are interested in and thenclicking on "Add to Basket".
Step 2 –Reviewing YourBasket
You can review theproducts which You have added to Your basket. You can change the contents ofYour basket by amending the quantity of Goods You want to order (which may besubject to a maximum number of items, per size from time to time), removing anyunwanted items by clicking 'Remove' and viewing the basket total value. You canalso enter any promotional code which You may have. Entering a validpromotional code and clicking 'Redeem' will update the basket total. You canthen continue shopping and adding to Your basket if You wish or if You don'twant to buy anything else, go straight to the next step.
Step 3 – Going toCheckout
Once You have finishedshopping, You can proceed to Checkout by clicking on "Continue" or byhovering over the basket icon in the top right hand corner of the page and thenclicking "Checkout".
Step 4 – Customerregistration
You will then be askedwhether You are a guest or an existing customer. To register as a guestcustomer You will be asked to provide Your e-mail address. We will then storethat information for the purposes of processing Your Order but it will not berecognised next time You visit the Website. Existing customers will be askedfor a password and e-mail address to login, each time an Order is placed.Alternatively, you have the option to pay with PayPal at this stage by clickingon the PayPal link.
Step 5 – Completing YourAddress and Delivery Details
If You are a guestCustomer, You will be given a list of delivery options. Once You have chosenYour option, You will be asked to enter Your delivery address or a town orpostcode to find your nearest collection point. If You are an existingCustomer, You will be shown a list of any delivery addresses You havepreviously entered. You will have the option of selecting the same address forYour billing address. Alternatively, on the next screen, You can enter a differentbilling address. You must provide us with the correct address details. We willnot be liable for any delay to or failure of delivery as a result of Yourfailure to provide accurate address details.
Step 6 – Your OrderSummary and Payment Information
You will then need tochoose Your payment method and enter Your payment details. Please check thisinformation very carefully. You will then be given the option to save suchdetails for Your next visit. If You are an existing customer and you have previouslysaved Your payment details, they will appear here. Your Order summary page willthen appear in the right hand corner. This includes details of the Goods inYour Order. You should check the details at this stage very carefully as thisis the final stage in the Order process at which You can correct any mistakesor change the Goods which You want to Order. You can do this by returning tothe home page and completing the process set out above again. If You are happywith Your Order, click "Place Order & Pay".
Step 7 – Placing YourOrder
By clicking on"Place Order & Pay", You are confirming that You have read,understood and accepted these Terms. At this point Your Order will be submittedto Us.
Step 8 – OrderAcknowledgement
Once We have receivedconfirmation that Your payment has been authorised, a screen will appear,thanking You for Your Order. You will be given an Order reference and an e-mailwill be sent to You to acknowledge Your Order. It will confirm the Goods, priceand any delivery charge. Print a copy of the Order acknowledgment and e-mailand keep them for Your records. Please note, Our acceptance of Your Order(regardless of the content of any emails we send you) will only take place ondespatch of Your Order.
6.4 We may refuse YourOrder or cancel Your Order if we decide it is reasonable to do so which mayinclude circumstances where:
6.4.1 We are unable toobtain authorised payment or the payment process is incomplete; or
6.4.2 We identify aproduct or pricing error on the Website; or
6.4.3 You fail to meetany criteria for eligibility of purchase which We may impose from time to time;or
6.4.4 We suspect thatYour Order is related to fraudulent activity; or
6.4.5 You fail to submitall necessary and relevant details to allow Us to fulfil the Order; or
6.4.6 Goods areunavailable or out of stock.
6.5 We may contact You bytelephone or email to verify details before We are able to process and despatchYour Order or We may be unable to accept it. For example, We may do this ifYour Order is of particularly high value.
6.6 The Goods shown forsale on this Website are intended for private, consumer use and You must notresell Goods or offer them as a commercial enterprise. We reserve the right tolimit the total value of Goods which can be included in an Order. If the totalvalue of Goods in Your bag exceeds the limit which We may choose from time totime, then We will contact You.
7. TELEPHONE ORDERS
7.1 You may alsoplace an Order over the telephone by calling Us on 0161 393 7056
7.2 Our usual openinghours are 8.00am to 8.00pm Monday to Friday, 9.00am to 5.00pm Saturday and10.00am to 6.00pm on Sundays and Bank Holidays.
7.3 Calls are charged at nomore than the standard rate.
7.4 If you place anOrder, We are not obliged to accept that Order and the Contract between Us willonly be formed if and when We accept Your Order. Placing Your Order over thetelephone does not constitute Our acceptance of Your Order. Our acceptance ofYour Order and the completion of the Contract between You and Us will takeplace upon despatch of the Goods. You may include any number of items within asingle Order, subject to any restrictions set out in these Terms or specifiedover the telephone and each Order which You place will be a separate Contractbetween Us. We reserve the right to refuse to supply Goods to any person.
7.5 You will be asked toprovide Your delivery address or the UK store that you wish to collect the Goods from. Youwill also need to provide Your billing address. You must provide us with thecorrect address details. We will not be liable for any delay to or failure ofdelivery as a result of Your failure to provide accurate address details.
7.6 You will then need tochoose Your payment method and provide Your payment details. Please be verycareful to provide us with accurate information as We will not be liable forany loss or failure of delivery as a result of Your failure to provide thecorrect payment details.
7.7 We will ask You toconfirm that You wish to place Your Order. You agree that by confirming Youwish to proceed, you accept these Terms and acknowledge that You will be underan obligation to pay.
7.8 Once We have receivedconfirmation that Your payment has been authorised, You will be given an Orderreference and an e-mail (where You have provided an e-mail address) or letterwill be sent to You to acknowledge Your Order. It will confirm the Goods, priceand any delivery charge. You should keep this e-mail or letter for Yourrecords. This correspondence does not constitute Our acceptance of the Order.
7.9 The provisions inparagraphs 6.2 and 6.4 also apply to telephone Orders.
8. PRICE AND PAYMENT
8.1 Prices and deliverycharges are as published on the Website when We accept Your Order. Pricesinclude VAT and are in pounds sterling. Delivery charges are shown separately.All applicable delivery charges are as stated on the Website or as specifiedover the telephone at the time You place Your Order. The deliverycharge for the Order is shown on the shopping basket page below Your chosenitems. This means that if You order more than one item, there is no deliverycharge for the additional items.
8.2 We may amend pricesat any time. Where there is a difference between a price at the time theOrder is made and when we ship Your Order, We will inform You by email ortelephone and ask You if You wish to proceed. If you decline and for anyreason payment has already been taken, it will be re-credited to Your credit ordebit account.
8.3 Offers and promotionson the Website are subject to availability and We may change or withdraw themat any time and without notice. Nothing shall oblige Us to maintain offers orpromotions for any period. Additional terms may apply, details of which will bedisplayed.
8.4 We must receivepayment for the Goods in full before they are despatched.
8.5 We accept payment viaPaypal and most major credit and debit cards including Visa, Mastercard,Maestro and American Express. You must only use a card if You are the namedcardholder. By placing an Order, You confirm that You are the authorisedcardholder. All credit and charge card holders are subject to validation andsecurity checks as well as authorisation by the card issuer and any additionalterms imposed by the issuer. If the issuer does not authorise payment, We willnot accept Your Order and will not be liable for any delay or non-delivery.
8.6 Your card providermay charge You for using You card. Please check the terms and conditions withYour card provider carefully and in advance of submitting Your payment details.
8.7 If We do not havesufficient stock of Goods, We will notify You by e-mail or telephone and Yourcredit or debit card transaction will be cancelled or refunded. We will do thisas soon as possible and by no later than 30 (thirty) days from the date of YourOrder. We will not be responsible for any compensation if Goods which You orderare not available for any reason.
If You Change Your Mind
9.1 You have a legal right to cancelthe contract (subject to certain exceptions set out below) without giving anyreason within 14 days of the day after You receive the Goods. This is the“Cancellation Period”.
9.2 You can cancel by sending Us thecancellation form provided or by letting Us know in any other way by post to Hollinsbrook Way, Pilsworth, Bury,Lancashire, BL9 8RR by e-mail to onlinehelp@BANKfashion.co.uk or overthe phone on 0161 393 7056 . You should keepevidence of having given notice of cancellation, such as an e-mail receipt orfax confirmation report.
9.3 You must return the Goods to Us (at your own risk and cost) within 14days of notifying Us that You wish to cancel by sending them (by recordeddelivery or courier) to:
BANK Fashion Internet Return,
Kingsway Business Park,
or alternatively, if you paid using adebit or credit card, by taking them to back to one of Our BANK Fashion storestogether with the delivery note as proof of purchase. We will not beresponsible for any costs associated with returning the Goods to Us.
9.4 The Goods must be returned unusedwith the original packaging.
9.5 If the nature of the Goods meansthat You cannot return them by post, You will be responsible for the cost ofcouriering the Goods to Us; if you contact Customer Services we will try toprovide You with an estimate of the courier cost.
9.6 We will ordinarily refund the full purchase pricetogether with the standard delivery charge paid within 14 days of receiving thereturned Goods or proof of postage of the same. If You chose to pay extra forexpress delivery, We will only refund the cost of standard delivery. Pleasenote though that if You want to return only some items but keep the rest ofYour Order, You may not be entitled to a refund of the delivery charge.
9.7 You must take care of the products before Youreturn them to Us. We may reduce the amount We refund to You if You use them,damage them or otherwise do something beyond what is reasonably necessary toexamine them that reduces their resale value.
9.8 You do not have the legal right to cancel anyGoods which have been personalised to your requirements (for example footballshirts featuring Your name).
9.9 If you simply want toexchange the Goods You have ordered, you can do so within 28 (twenty-eight)days of the day after You receive the Goods.
If Things Go Wrong
9.10 We warrant that theGoods which we supply are of satisfactory quality and are fit for the purposefor which Goods of that nature are commonly supplied.
9.11 If You return Goodsto Us for a reason other than if You change Your mind, We will inspect theGoods and either replace them or refund the full purchase price for Goods if weaccept that there is a manufacturing defect or other fault in the Goods. Thisis subject to You returning the Goods to Us within a reasonable period.
9.12 We will replace theGoods or refund You provided that the defect or fault is not caused by usualwear and tear, damage caused deliberately or accidentally, Your negligence orif You fail to follow product instructions or if the Goods have been misused,altered or repaired without Our approval. Any refund will also include anydelivery charges which You have paid and Your cost of returning the Goods toUs. If We do not find any fault or defect then Your cancellation and refundrights are limited to those set out in Clauses 9.1 to 9.9 above although thisdoes not affect your statutory rights. Subject to Clause 10 below, the remedyin this Clause 9.12 represents our entire liability to You for any claim inrespect of the Goods which the law provides, in so far as We are permitted tolimit Our liability to You.
9.13 If You believe thatGoods have a defect then You should not make any further use of them beforereturning them to Us. Nothing in these Terms shall affect Your statutoryrights. These are Your rights granted by law and which cannot be changed by Us.
9.14 If You wish toreturn Goods in accordance with Clause 9.12 You may either:
9.14.1 return the Goodsto Us in an unused, reasonable condition to the returns address in Clause 9.3;OR
9.14.2 if you have paidusing a credit or debit card you can return the Goods in a reasonable conditionto any UK JD store together with the despatch or delivery note as proof ofpurchase.
9.15 We will aim toprocess Your refund or replace the Goods as soon as possible but will do sowithin 30 (thirty) days of You returning the Goods to Us. If you have paidusing a credit or debit card and if You choose to return Goods to one of Ourstores, any refund or replacement due may be made at that time except that anydelivery charge refunds which are due will be processed separately. We reservethe right to send any Goods which You claim are faulty to Our inspections team.
9.16 Whenever You returnGoods to Us either because You believe they are faulty, We ask that Goods arereturned to Us, either by recorded delivery or courier so that You have proofof posting. We will not be responsible for Goods which are lost or damaged inthe post.
10. OUR LIABILITY
10.1 NOTHING IN THECONTRACT OR ELSEWHERE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONALINJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY FOR FRAUDULENTMISREPRESENTATION OR FRAUD OR LIABILITY WHICH WE ARE RESPONSIBLE FOR INRELATION TO CONSUMER PROTECTION RIGHTS OR FOR ANY OTHER MATTERS WHICH IT WOULDBE ILLEGAL FOR US TO EXCLUDE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
10.2 TO THE EXTENT THATWE ARE LIABLE TO YOU IN RESPECT OF BREACH OF CONTRACT, FOR NEGLIGENCE OR FORANY OTHER LIABILITY IN RELATION TO THE GOODS OR THIS CONTRACT OR OTHERWISE, OURTOTAL LIABILITY TO YOU WILL BE LIMITED TO THREE TIMES THE PRICE OF THE GOODSWHICH ARE THE SUBJECT OF THE LIABILITY, PAID BY YOU TO US.
10.3 Some of the itemswhich We offer for sale are fashion items and may not be suitable for sports orother activities. You should therefore satisfy yourself that items are suitablefor the type of sports activity that You wish to use them for.
11.1 We aim to deliverthe Goods within the indicative timescales shown on Our Website. References to"working day" shall mean any day of the week excluding Sundays andBank Holidays. However, time is not of the essence for delivery or performance andall delivery dates specified on our Website and in any correspondence areestimates only. This means that We will not be responsible if Goods aredelivered outside those times and We will not be liable for the consequences ofany delay. If We are unable to deliver the Goods within the indicatedtimescale, We shall use reasonable efforts to tell You this by e-mail and givean amended delivery estimate.
11.2 If Goods are out ofstock then We will let you know by e-mail.
11.3 If You Order morethan one product, We do not guarantee that all Goods will be delivered to Youin one delivery and We reserve the right to deliver in multiple consignments.
11.4 Ownership of theGoods will only pass to You upon delivery of the Goods. The Goods will be atYour risk from the time of delivery and You should therefore take reasonablecare of them.
11.5 If the Goods orquantity which You receive are not as You ordered due to Our error then Youshould inform Us by telephone, email or letter using the contact details setout at Clause 9.3, as soon as possible after You receive the Goods and becomeaware of the error. We will make good any error. We will also reimburse to Youany delivery costs which You incur in sending the incorrect Goods back to Us.However, we ask You to contact Us in advance to arrange Your return. Any Goods which You receive in error and intend to return should not be used by You.
11.5 Goods will bedelivered to the address which You provide in the Order process however deliverypractices may vary depending on which carrier is delivering the Goods. You mustprovide a valid address for delivery. The delivery method which We use may varydepending on the nature and number of the Goods. We shall select what We think is the most appropriate delivery method for the Goods. For further informationon deliveries please see Delivery Info.
11.6 We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier We use to deliver the Goods. This may include leaving the Goods with a neighbour or in a safe place in or around Your property.
11.7 If the Goods are notdelivered on the date expected you should notify us of such non-delivery within30 days of such failure of delivery.
11.7 As a result ofvarious international carrier restrictions, certain products We sell are noteligible for international delivery. This will either be detailed in the itemproduct description, at the checkout stage when You add such items to Your basketor, in limited circumstances, We may have to cancel Your Order and issue Youwith a full refund.
12. OUR RIGHTS IN THEGOODS
All ownership rightsknown as intellectual property rights in the Goods including all designs, trademarks, brand names, images and logos are and shall remain Our property or thoseof Our licensors. At no time shall any rights, title or interest in theintellectual property rights pass to You.
13.1 We will not be inany way responsible to You for a failure to sell Goods which You wish to buy orotherwise for a failure to comply with Our obligations under the Contract orany costs or liabilities which You incur as a result of any circumstancesbeyond Our reasonable control including but not limited to any act of God,flood, fire, trade dispute, lack of third party materials or services orterrorist acts.
13.2 The Contract betweenYou and Us is binding. You may not transfer or assign Your rights orobligations to another person without Our express agreement. We may transfer orassign Our rights and obligations under the Contract or appoint third partiesto assist Us in performing Our obligations at any time provided that this willnot reduce Our obligations to You.
13.3 If any clause ofthis Contract is found in any way to be void by a Court or other competentauthority then all other clauses of the Contract will continue to apply.
13.4 If either We or Youdo not at any time act on any rights which we have under this Contract then itwill not affect the rights of either of us to enforce any rights at a laterstage. If either of us chooses not to rely on a right which we have, it willnot affect any other rights which either of us has.
13.5 This Contract issubject to English law and both We and You agree that any dispute arising underor connected to it will be decided by the English courts.
13.6 We may amend theseTerms at any time and without notice to You. Any change will take effectimmediately after being posted on the Website and will be deemed to be acceptedby any person who uses the Website. Where You have already placed an Order, theContract will remain subject to the version of the Terms which were in place atthe time at which You placed Your Order, subject to any changes expresslyagreed between You and Us.
13.7 Nothing in theseTerms seeks to exclude or limit any rights available under applicable law whichcannot be excluded or limited. This means that these Terms will not change anyrights which the law grants to You which that law does not allow Us to changeor limit.
13.8 Any notice You sendto Us will be deemed delivered as follows, depending on how You send it:
13.8.1 on the day onwhich it is left if You deliver the notice by hand; or
13.8.2 on the day onwhich it was posted if You post the notice as shown on proof of postage; or
13.8.3 on the day onwhich it is sent correctly if by fax or email;
and in each case itshould be sent to the address set out at Clause 9.3
13.9 A person who is notparty to this Contract shall have no right under the Contracts (Rights of ThirdParties) Act 1999 to enforce any term of it which means that only We and Youhave rights under it. This does not affect any right or remedy of any personwhich exists or is available otherwise than under that Act.
12.10 The Contract is theentire agreement and understanding between Us in respect of its subject matterand will supersede and replace any prior agreements, understandings orarrangements whether written or verbal. We each acknowledge that in enteringinto the Contract neither of us has relied on any representation or promisegiven by the other or implied from anything said or written other than asspecifically set out in the Contract or on the Website. If you are uncertain asto your rights under the Contract or you want any explanation about them pleasewrite to or email our customer services department, at the address set outabove
13.11 We have a procedurefor investigating complaints and for dealing with queries about Our Website.Please contact customer services: