PayByLink Terms & Conditions Outlet Stores

A. Introduction

These terms and conditions and any policies or documents to which a link is provided in them (collectively, "TERMS") set out the terms that apply to purchases made from Burberry Netherlands B.V. Burberry Netherlands B.V is referred to in these Terms as “BURBERRY/WE/US”. If you have any questions regarding these Terms, or in the unlikely event that you have any complaints about any products purchased by you from Burberry you can contact us at the store from which you purchased your items.

Burberry Netherlands B.V is a company registered in the Netherlands with registered number 34286232, whose registered address is Pieter Cornelisz. Hooftstraat 48 H, -50, 1071BZ Amsterdam, Netherlands.

Order Overview

If you would like to place an order via our Pay By Link process, you must first have a Burberry R-World profile. Please note that the following process will be subject to these Terms. Once it is confirmed that you have an R-World profile:

A. one of our sales associates will confirm with you which of our products you would like to order (including, where relevant, the size and/or colour required, as well as the number of each item required);

B. once the details of your order are confirmed, we will confirm the relevant price (and any applicable taxes) with you and inform you of your shipping options;

C. so that you may process your order, you will receive a communication which will include a link to a secure payments page operated by one of our third party payment providers. The email will also include a copy of these Terms. You may review and change the details of your order, online, at any time before you proceed to payment;

D. if payment is accepted, you will be emailed an order confirmation and provided with your receipt, as well as a copy of these terms for your records. If payment is not accepted, please contact the relevant store so that we may help you to try to resolve this issue;

E. if payment is accepted and your order is confirmed, you will be sent a separate email to confirm when your order is dispatched, along with a tracking number;

F. one of our sales associates will follow up with you via email to ensure that your order has arrived safely.

Please be aware that the above process is subject to the remainder of these Terms.

B. Purchase of products

1. ACCEPTANCE OF ORDERS

1.1 All information presented to you by us in respect of our products is an invitation to enter into negotiations only and is not an offer . You agree that by making an order with us, you will be making an offer to purchase the products included in your order ("PRODUCTS") from us on the Terms. All orders made by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Non-exhaustive examples of when we may not accept your order are as follows:

A. If instore products are offered on www.burberry.com and/or the mobile websites and applications owned by and/or operated by or on behalf of Burberry Limited ("PLATFORMS"), but are not available or are incorrectly priced or otherwise incorrectly described;

B. If we are unable to obtain authorisation of your payment;

c. If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;

D. If shipping restrictions may apply to a Product;

E. If the delivery address you give is the address of an entity or individual providing freight forwarding services; or

F. If the delivery address you have provided is not a valid shipping address; or

G. we become aware of your intention to sell, supply, deliver, make available, transfer or export Products where such sale, supply, delivery, making available, transfer or export is contrary to any applicable law, including any sanctions or export ban.

1.2 After submitting an order to us and payment is successfully authorised, we will send you an order confirmation email with your order number and the details of the Products you have ordered from us. Please note that this email will constitute an acceptance of your order. After entering into the contract of sale, we will be under a legal duty to supply you with goods that are in conformity with the contract.

1.3 When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Platforms, such as the My Account section of the Platforms ("SECURE ACCESS"). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Platforms without notice and without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Platforms.

1.4 Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.

1.5 You will be charged for Products when you correctly and successfully submit your payment details onto our payments page (together with the relevant delivery charges and any card processing or payment processing charges).

1.6 Item availability, prices and delivery options may vary depending on the order and shipping destination.

1.7 Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view our products may mean that the colours, measurements, fabrics and designs of the Products displayed on the Platforms or otherwise on your devices and the Products delivered to you may differ in appearance in minor respects. We are not responsible for any such differences.

1.8 We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.

2. PRICES

2.1 All prices of Products in our stores are the price for the Products only. They include any VAT or other sales tax payable (unless otherwise specified). We shall endeavour to notify you if the price displayed is not fully inclusive of any customs duties or taxes, however please see Section B 2.4 below. Prices do not include the charge for delivery, if any.

2.2 We endeavour to ensure that all pricing information on the Platforms and in our stores is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on the Platforms or in store, subject to our right to refuse an order pursuant to Section B 1.1, we will charge the lower amount and deliver the Product to you. If a Product's correct price is higher than the price stated on the Platforms or in our store, we will, at our discretion, inform you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavour to refund the payment taken as soon as possible if the Product has not been shipped.

2.3 Burberry may vary the prices of Products listed on the Platforms or in its stores at any time and without any notice but such changes will not apply to Products in respect of which you have paid.

2.4 Please note that in some countries/regions additional duties may be payable to your local tax authorities on receipt of your delivery. Unless expressly specified otherwise, you will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country/region for which the Products are destined. We will not be liable for any breach by you of any such laws.

3. PAYMENT TERMS

3.1 The total cost of your order will be the purchase price for the Products and any additional services you order, including for example, monogramming.

3.2 So that you may pay for your order, we shall provide you with a link to a secure payments page operated by one of our third party payment providers (“PAYMENTS LINK”). Each Payments Link shall be valid for one hour from the time at which it is provided to you. A new Payments Link may be requested by you if you do not pay for your Products within this time or the Payments Link you have received does not work. Please note that Burberry may only reserve Products for up to 72 hours from the time that such reservation is requested by you, therefore payment must be made for all orders within such time.

3.3 More information about the payment methods that we accept can be found on the payment payments page provided to you. We reserve the right to change the payment methods we are able to accept at any time.

3.4 Please note that we accept payment in the local currency of the Burberry store with which your order is placed.

3.5 You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the payment details provided are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

3.6 We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order.

3.7 If your credit/debit card or payment method is not denominated in the currency of your purchase indicated by us at the time at which your order is made, the final price may be charged in the currency of your card or account. Such final price and exchange rate is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as indicated by us at the time at which your order is made.

4. INVOICING

4.1 Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.

5. DELIVERY, TITLE AND RISK

5.1 We are only able to deliver to a valid shipping address provided at the time you make your order. We cannot be held responsible if that delivery address is incorrect or incomplete. Changes to the shipping address are not permitted once your order has been placed. Please note that we do not deliver to PO boxes. Details of the locations to which Burberry delivers are available from us on request.

5.2 When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by us and we will endeavour to dispatch your order in accordance with the estimated delivery times specified in your confirmation email. There may be additional restrictions or exclusions in respect of specific addresses in countries/regions to which we ship. These may change from time to time. We shall endeavour to notify you of such restrictions. Orders received after any “cut off” or “last order” time or received on a day which is not a working day (that is any day on which the banks are open for business in the region in which you place your order which is not a Saturday or a Sunday, will be processed on the next working day). Estimated delivery times will be calculated from the date on which the order is placed, unless otherwise specified.

5.3 Please note that certain delivery options will not be available across all our stores.

5.4 Title in the Products will pass to you on the date on which we receive payment in full for such Products.

5.5 Once a Product has been received by you all risk of damage to, or loss of, the Product shall pass to you.

5.6 We shall be entitled to supply the Products in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.

5.7 In the event that a Product sold is subsequently exported to a country/region (other than the country/region to which Burberry delivered the Product or in which you collected the Product), you shall be responsible for complying with all export and local import requirements, laws, regulations and rules and shall pay all export and import taxes and duties as may be applicable in respect thereof. You agree not to sell, supply, deliver, make available, transfer or export the Product to any country or individual, where such sale, supply, delivery, making available, transfer, or export is contrary to any applicable law, including any sanctions or export ban.

6. CANCELLATION AND RETURNS

6.1 Should you wish to cancel or return any Products, you may only do so in accordance with our Returns & Cancellation terms set out in Section C below. This Returns & Cancellation section does not affect your statutory rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e-commerce regulations in the territory to which the Product is shipped (“REGULATIONS”). For more information on your statutory rights, contact the Authority for Consumers and Markets (www.consuwijzer.nl).

6.2 Where you return a Product in accordance with the Regulations we will issue you with a full refund to your original method of payment, but you will need to return the Product at your own cost (if you have already received the Product), unless otherwise specified in our Returns & Cancellation section. Where you have paid any duties or taxes directly to the relevant authorities on the importation of the Product you wish to return, Burberry shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities nor does Burberry represent whether or not such a refund is possible.

6.3 Please note that you will not be entitled to cancel or return personalised or monogrammed Products. For hygiene and safety reasons, we are unable to accept returns for pierced jewellery items. This does not affect your statutory rights.

7. AGE REQUIREMENTS

If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.

C.RETURNING YOUR PURCHASE

1. RETURN CONDITIONS

1.1 Purchases must be returned from the original shipping location with the original Returns Form. Please return the goods to us within 14 days of the shipping date. You will be required to pay the costs of returning your Purchases.

1.2. Please be advised that it is your responsibility to ensure that goods returned to us arrive at the relevant address safely and undamaged. We would therefore recommend that, should you decide to ship any goods back to us, you use a trackable delivery method and retain a proof of your postage.

1.3 Items returned must be in their unused original condition with all Burberry item tags attached and any related accessories or instruction booklets included.

1.4 Incomplete, damaged, worn, soiled or altered returns, or anything Burberry reasonably believes has been used, will not be accepted and therefore sent back to the customer. Where an item is supplied with a hygiene strip, the item can only be returned if the hygiene strip has not been removed and remains intact.

1.5 Personalised or pierced jewellery items cannot be returned.

1.6 Optical frames cannot be returned after they have been fitted with prescription or replacement lenses.

2. RECEIVING A REFUND

2.1 Refunds will be credited to the original purchaser's method of payment.

2.2 On receipt of a returned Product, we will process the refund as soon as possible. We estimate refunds will be made by the provider of your payment method within 7-10 working days. Working days are Monday to Friday excluding public holidays.

2.3 Please retain your Shipping Note until you have received your refund.

2.4 If the item which you are returning was purchased in a currency other than your local currency, any refund will be paid in the same currency as purchase. Due to fluctuations in currency exchange rates the amount refunded may be higher or lower than the original price paid.

3. GIFT RETURNS

Items returned will be refunded to the purchaser‘s original method of payment. Please return the goods to us within 14 days of their shipping date. Personalised or pierced jewellery items cannot be returned. This does not affect your statutory rights. You will be required to pay the costs of returning your Purchases.

4. ORDER CANCELLATIONS AND AMENDMENTS

In certain circumstances, before your order has been dispatched, we can refund your order. Please contact the store with which you placed your order by telephone as soon as possible after placing your order and we will advise if cancellation is available.

Please note that we are unable to combine orders, change the size, edit your billing and shipping details or add pieces to an existing order once it has been placed.

5. DISTANCE SELLING LEGISLATION

5.1 Under applicable distance selling legislation or under statutory consumer protection laws of your location of residence to the extent applicable, you may have a right to cancel orders for certain items purchased within a statutory cooling-off period. For orders placed via the pay by link method, there is a cooling-off period of 14 days from the day after the date on which the item in question was received.

5.2 Please note that this cancellation right does not apply to certain items including (without limitation):

A. Goods made to your specification or goods that have been clearly personalised.

B. Services, if we have started to provide the services before the end of the 14 day cancellation period.

6. TO CANCEL YOUR ORDER

Please notify Burberry by registered letter or by email to the store from which you purchased your items, in each case during the statutory withdrawal period and providing details of the items ordered and (if applicable) their delivery date and the date of receipt of the items. For customers residing in the European Union, you can, if you wish, use the cancellation form below to inform Burberry that you wish to cancel your order. If you choose this option, please follow the instructions on the form.

7. CANCELLATION FORM MODEL

Please copy and paste the form below, complete it and return it by registered mail or email to the store from which you purchased your items.

To:

[INSERT RELEVANT ADDRESS]

I, the undersigned [(name)] wish to inform you, hereby, of wanting to cancel my sales contract for the following items:

LIST THE PRODUCTS

Ordered on DATE and / or received on DATE.

Name of consumer (s):

Address of consumer (s):

Signature of consumer (s) (only if this form is printed):

Date:

8. IF YOUR ORDER HAS BEEN SHIPPED

8.1 If you exercise your right of cancellation after the item has been shipped, please replace the item securely in its original packaging and return it to us with your shipping note.

8.2 If you cancel your order and return the item(s), you will be required to pay the costs of returning the item(s).

8.3 This is not a full statement of your rights under applicable distance selling legislation or under any statutory consumer protection laws applicable in your location of residence.

9. PERSONALISED ITEMS

9.1 Due to the nature of personalised items, returns, changes or cancellations are not accepted once an order has been placed. This does not affect your statutory rights.

9.2 For any further queries please contact our Customer Service team who will be happy to assist.

9.3 The Returns & Cancellations Policy does not affect your statutory rights.

9.4 For more information on your statutory rights, contact the Authority for Consumers and Markets (www.consuwijzer.nl).

D. General

1. INTELLECTUAL PROPERTY

1.1 All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Platforms (the "CONTENT"), is either owned or licensed by Burberry, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.

1.2 The "Burberry" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Platforms, accessories or packaging, whether registered or not (the "TRADE MARKS"), are and remain the exclusive property of Burberry and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.

1.3 All other intellectual property rights (including, without limitation, registered or unregistered trade marks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Platforms, the products depicted and/or available on the Platforms and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Platforms (the "INTELLECTUAL PROPERTY RIGHTS") are and shall remain the exclusive property of Burberry and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.

1.4 LIMITED LICENCE

Subject to the terms herein, we grant you a revocable, and non-exclusive licence to access and make personal use of the Platforms limited such that it does not include the right to:

A. use the Platforms in any way which may prejudice or damage the reputation of Burberry;

B. use the Platforms for any commercial or business purposes. The Platforms are for your personal use only;

C. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

1.5 Burberry may terminate the limited licence set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.

2. CONTENT

2.1 Burberry endeavours to ensure that the information posted by it on the Platforms is accurate. Burberry does not, however, guarantee that the Content or any other information available on the Platforms is accurate and/or error free, Burberry does not promise that the functionality of the Platforms or Content will be error free or that the Platforms, Content or the servers that make such Content available are free of viruses, malicious code or other components which are potentially harmful. Burberry recommends that all users of the Internet ensure they have up to date virus checking software installed.

2.2 The Platforms may include links to other Platforms or resources, and any payments page we provide to you may be operated by a third party ("LINKED PLATFORMS"). Burberry has no control over the content of Linked Platforms and you agree that, should you access a Linked Platforms using a link from the Platforms, Burberry is not responsible for the availability of the Linked Platforms, and is not liable in any way for the content of Linked Platforms, including (without limitation) any goods or services available from such Linked Platforms, other advertising or content on such Linked Platforms or the use that such Linked Platforms make of your personal information. Furthermore, Burberry will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Platforms or the content thereon.

3. EXCLUSION OF WARRANTIES

3.1 This Section D(3) does not affect your statutory rights as a consumer and, in respect of the Products, does not exclude or limit in any way our liability for breach of the statutory rights set out under applicable consumer laws. For more information on your statutory rights, contact the Authority for Consumers and Markets (www.consuwijzer.nl).

4. DATA PROTECTION

By placing an order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Policy. For details on the type of information we collect, how we collect such information and for what purpose and under what circumstances we disclose information please see our Privacy Policy which is incorporated into and forms part of these Terms.

5. ASSIGNMENT, SUBCONTRACTING ETC

We reserve the right to transfer, assign or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.

6. AMENDMENTS TO THESE TERMS

We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.

7. EVENTS BEYOND OUR REASONABLE CONTROL

We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which cannot be attributed to us.

8. SEVERANCE

Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.

9. GOVERNING LAW AND JURISDICTION

These Terms and all transactions relating to the Platforms are governed by the laws of the Netherlands and you, and we, hereby submit to the non-exclusive jurisdiction of the courts of Amsterdam, the Netherlands. This does not affect your legal rights as a consumer in the country/region in which you are located.

10. ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.

11. WRITTEN COMMUNICATIONS

Applicable laws may require that some of the information or communications we send to you should be in writing. When ordering Products, you accept that communication with us will be mainly electronic. We will contact you by e-mail. For contractual purposes, you agree to these means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you comply with any legal requirement that such communications be in writing. This Section 11 does not affect your statutory rights.

12. NOTICES

All notices given by you to us must be sent to Burberry at Pieter Cornelisz. Hooftstraat 48 H, -50, 1071BZ Amsterdam, Netherlands or customerservice@burberry.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.

13. WAIVER

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

13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

13.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section D(11) above.

14. RIGHTS OF THIRD PARTIES

No third party may claim any rights under these Terms.

15. DISPUTE RESOLUTION - EU RESIDENT CUSTOMERS ONLY

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/... provides information about alternative dispute resolution which may be of interest if there is a dispute we cannot resolve between us. Please note that you may elect to resolve any dispute arising with us under these terms by using a free mediation service. For more information please contact Customer Service.