General Terms and Conditions
These terms and conditions (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of the website http://www.neilbarrett.com ("Website" or "Site"), the purchase of products on the Site from White S.r.l. (company number and VAT number 06226750963) whose registered office is at Via Ceresio, 7 – 20154 Milan (Italy) (“ Neil Barrett”, "we", "us" and "our") and the services ("Services") that are provided by Farfetch UK Limited and/or Farfetch.com US LLC (both defined as "Farfetch") depending on your place of residence or domicile, as more particularly detailed below in the section headed "Operation of Website, Services and Products".
Your purchase of any of the products offered on the Site ("Products") is subject to these Terms and Conditions and by placing an order for any Product you agree to be bound by them. You should print a copy of these Terms and Conditions for future reference.
We reserve the right to change these Terms and Conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. If you do not accept the revised terms of these Terms and Conditions you must immediately terminate the agreement before the revised terms takes effect.
Our Business policy
Neil Barrett only offers its Products on the Website to consumers over the age of 18. If you are under 18 you are strictly prohibited from ordering Products from the Website and we reserve the right to cancel any orders from consumers we believe to be under the age of 18.
Access to the Site
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware.
Neil Barrett and users are entitled to withdraw from these Terms and Conditions providing 2 weeks prior notice. In this case, Neil Barrett shall disable the account of the user.
Abusing our Site and termination
Operation of Website, Services and Products
Operation of Website and delivery of Services
The Website is owned by Neil Barrett. Neil Barrett has subcontracted the operation of certain aspects of the Website to Farfetch. As such, Farfetch provides and/or procures certain services on behalf of Neil Barrett to enable the operation of the Website and for you to search through the Website and purchase Products from Neil Barrett. Such Services include, but are not limited to, payment processing, customer service, hosting, and delivery logistics. Farfetch UK Limited is a company registered in England and Wales and its registered office is at The Bower, 211 Old Street, London EC1V 9NR United Kingdom and its registered company number is 06400760 and its VAT number is GB 204 0769 35. Farfetch.com US LLC is a company registered in the USA and its registered office is at 2301, East 7th Street, Suite A-250 Los Angeles, California, 90023 and its registered company number is 27-0708473.
Please note that the delivery logistics service is being provided by Farfetch to you, the customer, and as such, by submitting your order, you are entering into a contract with Farfetch for delivery services provided by Farfetch. Farfetch shall make a charge for these services which will be shown prior to checkout and your purchase of the Products.
The Products are owned and sold on the Website by Neil Barrett. Neil Barrett attempts to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the Products on the Website are for illustrative purposes only. Although we attempt to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products.
As a consumer, you have, among others, legal rights in relation to Products that are faulty or not as described as more particularly detailed below in the section headed "Faulty Products and warranty". Nothing in these Terms and Conditions will affect these legal rights as a consumer.
The Products sold are supplied for your domestic and private use only. You agree that you will not use the Products for any commercial, business or re-sale purposes. Neither Neil Barrett nor Farfetch has any liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Ordering and availability
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Purchase and Pay" button or a similar button on the checkout page.
After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product and is binding for a period of 15 days. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Purchase and Pay" button or a similar button on the checkout page, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been despatched ("Despatch Confirmation"). The contract between you and us in relation to the Product(s) ordered ("Contract") will only be formed when we send you the Despatch Confirmation. After entering into the Contract, we will be under a legal duty to supply you with Products that are in conformity with the Contract.
The Contract will relate only to the Product(s) whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the despatch of such Product(s) has been confirmed in a separate Despatch Confirmation.
Deliveries are made by our trusted courier and take place on Monday to Saturday (or other normal working week days in regions that do not follow a Western pattern of working week), excluding bank and public holidays, usually within 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for. Shipping costs may vary depending on the size, weight and destination of your chosen items.
All relevant delivery options available for your order and to your destination will be displayed at checkout. Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Despatch Confirmation, unless there are exceptional circumstances.
Most of Europe: delivery within 2-4 days
USA: delivery within 3-5 days
Rest of the world: delivery within 4-7 days
Only available within Europe: delivery within 3-6 days
Please keep in mind that our shipping times should be used as a guide only and are based on time from dispatch. Neil Barrett cannot take responsibility for customs clearance delays or failed payment approval, though we will try to minimise any potential delays.
Your order will be delivered to the delivery address you specify when placing your order.
If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any region that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.
Products comprised within the same order cannot be delivered to different addresses.
Please also note that you must comply with all applicable laws and regulations of the region for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.
Risk and ownership
The Product(s) ordered will be at your risk from the time of delivery. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
Price and payment
The price of Products is as quoted on the Site and may change from time to time.
Prices quoted on the Site include VAT but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket, and have selected your chosen different delivery method.
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
Payment for all orders must be made by credit or debit card and other payment methods on the checkout page. We accept payment by most major credit and debit cards.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. We also carry out a standard pre-authorisation check on your payment card, and Products will not be despatched until this pre-authorisation check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered on the Site, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.
Right of withdrawal / Returns policy
As a consumer, you may cancel your Contract in relation to Products purchased on the Website, without any penalty. Returned Products must conform to our returns policy below.
Conditions of the returned Products
You must return the Products in the same condition in which you receive them except to the extent reasonably necessary to examine them. This includes the following guidelines:
- Products should be returned unworn (other than to try them on), unwashed, undamaged and unused with their original tags;
- footwear and accessories should be returned in the original boxes provided and inside a protective shipping box;
- if the Product comes with a security tag this should be left on;
- hosiery should only be returned if it is unopened and is in its original package; and
- lingerie and swimwear must only be tried on over your own lingerie garments.
We recommend that you return Products in their original packaging to ensure the necessary protection when in transit. Instructions for the return of the Product(s) will be included with the delivery package.
If you fail to comply with the above obligations (including the conditions of return), we may deduct from the refund an amount to reflect the diminished value of the Product(s) up to the full price of the Product(s).
You cannot cancel a Contract for the supply of any of the following Products:
- any Products that have been personalised or made to your own bespoke specifications unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered;
- any Products that have had a hygiene label or seal removed or broken.
Except in relation to certain types of Products (as set out above "You cannot cancel a Contract for the supply of any of the following Products"), you may cancel a Contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you received the Products ("cooling-off period").
To cancel a Contract, you must clearly inform us, preferably:
- by email at [email protected] or by telephone on:
1 518-351-2667 (US) or 44 (0) 20 3962 0747 (UK), giving us your name, address and order reference; or
- by completing and returning the Cancellation Form you can find at the end of the page and sending it to the address set out in the form.
If you cancel an order (or part of an order) during the cooling off period, you must return the Product(s) within 14 days after the day on which you notify us of the cancellation and comply with the Returns Policy.
If you cancel a Contract between us within the 14 day cooling-off period (see above), we will process the refund due to you as soon as possible and, in any case within 14 days after the day on which we receive the Product(s) back or (ii) if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address.
We will refund the price of the Product(s) in full (subject to any deduction we are entitled to make due to your use of or damage to the Product(s)), including the cost of standard delivery. However, we will not refund your cost of returning the Product(s) to us, and you are responsible for those costs (expect in case you use or Free Returns Pick Up service as indicated below). We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.
Free Returns Pick Up
We offer a free collection service to all customers for Product(s) you wish to return (except in relation to certain types of Products as set out in the Returns Policy mentioned above). You have 14 days from receiving your order to make the Product available for the pick-up and to return it to us. After said term, you are no more entitled to use our Free Returns Pick Up service. We strongly recommend that you book your free returns pick-up within 7 days of receiving your order to ensure that it arrives back in time. Please note that we can only collect returns from the same region to which your order was delivered.
To book a free returns pick-up:
- Sign in to the Site and go to My Account;
- Under 'Orders' click on the 'Book a return collection' link next to the order you want to return;
- Select the Products you would like to return and follow the steps to schedule a pick-up time and address.
We will e-mail you with your Returns Merchandise Authorisation (RMA) number, confirmation of your collection time and address, a booking reference number and returns documents.
What happens next?
Print out the Air Waybill (AWB) and attach it to the outside of the parcel. There will also be a copy to give to the courier. Please save a copy of the AWB for your records. You can use this to track your return shipment.
If you have been provided with a returns invoice for customs, please enclose one inside the package and attach a signed copy on the outside with the AWB.
Do not seal your package until the driver has checked the contents.
Faulty Products and warranty
Neil Barrett warrants to the consumer that are residents in the EU that the Products that are delivered from this Website comply with the specifications and are free of material defects and workmanship errors for a period of 24 months from the date of delivery.
This warranty applies only to Products which are a) manufactured by or for Neil Barrett as identified by the "Neil Barrett" trademarks, trade name, or logo legally affixed to them and b) purchased by consumers from this Website.
If a Product has manufacturing defects or in any case of alleged lack of conformity of Products, in order to benefit from his/her rights under this warranty policy the customer must clearly inform us, preferably: by email at [email protected] or by telephone on: 1 518-351-2667 (US) or 44 (0) 20 3962 0747 (UK), giving us your name, address and order reference.
In any case, the proceedings intended to enforce the lack of conformity not fraudulently hidden by Neil Barrett shall in any event expire after 26 months from delivery of the Product(s).
The Product(s) shall be returned to Neil Barrett within 15 working days following notification to Neil Barrett of the damaged or defective Products. To return the Products within the above-mentioned term, you are entitled to use our Free Returns Pick Up service at the conditions indicated in the relevant section "Free Returns Pick Up" above. Neil Barrett will examine all Products returned as damaged or defective and in case of a lack of conformity, will replace the Product, or, if this is not possible, refund the price paid and your costs of returning defective Products (if the latter are incurred by you).
Neil Barrett will refund the price and your costs of returning defective Products (if the latter are incurred by you) using the same method originally used by you to pay for the purchase. If the recipient of the Products indicated in the order form is different from the individual who made the payment for such Products, the amount paid for returned items shall be refunded in any case to the individual who made the payment.
In the event that Neil Barrett finds no fault with the returned Products, you will be notified on the above and that the returned Products cannot be accepted and you may elect to have the Products re-delivered to you. If you do not accept re-delivery, Neil Barrett reserves the right to retain the Products and the purchase price.
This warranty does not apply (i) if the Product has been subject to faulty and improper use, repair, alteration and/or modification in any way that is not covered in the documentation for the Product; (ii) to damages caused by failure to follow the instructions covered in the documentation for the Products or other specific instructions from Neil Barrett; (iii) if the Product is damaged by misuse, abuse, negligence, accident, normal wear and tear and deterioration, improper environmental conditions or lack of responsible care; (iv) to damages due to any other cause not related to defective design, workmanship and/or materials.
Nothing in this section affects your additional legal rights.
Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
Any information on the Site regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order (see Contacting us).
What you are allowed to do
You may only use the Site for non-commercial use and only in accordance with these Terms and Conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on the Site or accessible via a link.
What you are not allowed to do
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
- 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
- remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
- create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided (i) the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, (ii) you link to (and do not frame or replicate) the home page of the Site, and (iii) the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you warrant that all data provided by you is accurate and updated at any time.
Intellectual property rights
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by Neil Barrett, Farfetch or our licensors. Except as expressly set out here, nothing in these Terms and Conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
Except for what detailed below in the section headed "Liability", we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Nothing in these Terms and Conditions shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraud and gross negligence;
- for breach of any term of the Italian Consumer Code (Legislative Decree No. 206/2005) and any term which, by law, cannot be limited or excluded;
- under provisions of your local consumer law which, by law, cannot be limited or excluded; or
- for any other liability that, by law, may not be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s).
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under any Contract or arising out from these Terms and Conditions. We may transfer or assign any or all rights or obligations under any Contract to third parties as well as transfer to third parties these Terms and Conditions, provided that this does not reduce protection of your rights.
Unless differently provided in these Terms and Conditions, all notices given by you to us must be given in writing to the address set out at the end of these Terms and Conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these Terms and Conditions is found to be unenforceable, all other provisions shall remain unaffected.
These Terms and Conditions may not be varied except with our express written consent.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract.
Governing law and Jurisdiction
These Terms and Conditions are governed by Italian law.
As consumer, you have the right to bring legal proceedings (i) before the Court of Milan or (ii) before the courts at your place of residence or domicile. We are only allowed to initiate legal proceedings against consumers before their place of residence or domicile. In the event of a dispute between you and us, we encourage you to contact our customer service in the first instance to find a solution.
As an alternative to resolution of disputes through the courts, the consumer who resides in EU may refer its complaint to the European Online Dispute Resolution Platform (European ODR Platform). The European ODR Platform is developed and managed by the European Council implementing in accordance with Regulation (EU) No. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list therein provided. For further information on the European ODR Platform, or to submit a complaint and start alternative procedures concerning dispute relating to these Terms and Conditions or ay Contract, please use the following link: http://ec.europa.eu/odr. Our email address to be reported to the European ODR Platform is the following: [email protected].
Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email to customercar[email protected], or by telephone on 1 518-351-2667 (US) and 44 (0) 20 3962 0747 (UK) between the hours of 9am to 6pm, Monday to Friday or write to us at:
Via Ceresio, 7
20154 Milan (Italy)
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, I declare to have read and understood and to accept the following provisions of the NEIL BARRETT Website Terms and Conditions: Access to the Site; Abusing our Site; Ordering and availability; Risk and ownership; Right of withdrawal / Returns policy; Faulty Products and warranty; External Links; What you are not allowed to do; Our Liability; Governing Law and Jurisdiction.
The effective date of these Terms and Conditions is 19 September 2018
To White S.r.l.
Via Ceresio, 7
20154 Milan (Italy)
I/We* hereby give notice that I/we* cancel my/our* contract of sale of the following goods* / for the supply of the following service*:
Ordered on* / received on*: ………………………………..
Names of consumer(s): …………………………………….
Address of consumer(s): …………………………………..
Signature of consumer(s) (only if this form is notified on paper): …………………………………
*Delete as appropriate