Terms and conditions
All references to "the Company", "we", "us" and "our" in these terms and conditions are deemed to refer to International Imports import and export LTD, a limited private company incorporated in the UK and having its registered address at Amp House, Dingwall Road, Croydon, CRO 2LX
All references to "you" and "your" are deemed to refer to any user and/or visitor of www.jekyllandhide.co.uk
("Website").
These terms and conditions ("Terms and Conditions") govern 1) your use of the website; and 2) your use of the forum.
Acceptance of terms
The Company permits the use of this Website subject to the Terms and Conditions ("Terms and Conditions"). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Use of the Website
You may only use the Website if you are 18 years of age or older. If you are under 18, you may use the Website only with the involvement of your parent or legal guardian.
You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Company representative.
Ownership and copyright
The contents of this Website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to the Company.
No licence to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited. To obtain permissions for the commercial use of any content on this site contact our office on +27 (0)21 447 6830 or e-mail info@jekyllandhide.co.uk
Disclaimer
Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
While the Company takes reasonable measures to ensure that the contents of this Website are accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.
All information provided on this website is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
The Company does not accept any responsibility for any errors or omissions on this Website.
In addition, to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
Linked third party websites
This Website may contain links or references to other websites ("Third Party Websites") outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.
Notwithstanding the fact that this website may refer to or provide links to third party websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
Privacy policy
We respect your privacy. Should you decide to make use of our Website, the only personal information that we will require of you is the following -
your name and surname;
your email address;
your physical address;
It is your responsibility to update any of your personal information that you provide to us as soon as it is no longer accurate and complete.
This Website makes use of "cookies" to automatically collect information and data through the standard operation of the Internet servers. "Cookies" are small text files a website can use to recognize repeat users, facilitate the user's ongoing access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note, however, that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.
You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
The purposes for which we will use your personal information are as follows: to contact you regarding current or new products or services, to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material), and to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.
The Company will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is -
required in order to comply with applicable law, order of court or legal process served on the Company; and/or
disclosure is necessary to protect and defend the rights or property of the Company.
We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
We will -
treat your personal information as strictly confidential;
take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
upon your request, promptly return or destroy any and all of your personal information in our possession or control.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than the Company, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
Limitation of liability
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN, OR INABILITY TO USE, AND/OR UNLAWFUL ACTIVITY ON, THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
YOU HEREBY INDEMNIFY THE COMPANY AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
Changes to these Terms and Conditions
The Company reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
Availability and termination
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
The Company may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.
Governing Law
These Terms and Conditions shall be governed and interpreted in accordance with the laws of the UK. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the UK courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
Terms and Conditions of Sale
Sale of Goods
These Terms and Conditions of Sale govern the sale of products ("Goods") by the Company to you via the Website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the Website, which can be viewed above.
Once you tick the box labelled "I accept", these Terms and Conditions of Sale form a legally-binding agreement between you and the Company. You may contact us via email at info@jekyllandhide.co.uk to obtain a full record of your transaction. We will in any event confirm all your purchase orders with you via email.
Payment
Payment can be made via the Website by -
credit card - where payment is made by credit card, we may require additional information in order to verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as this additional information is required;
direct bank deposit or electronic funds transfer, in which event, you must make payment within 5 days of placing your order, and the Company will not execute the order until receiving confirmation that payment has been received;
Once you accept these Terms and Conditions of Sale, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Privacy
We take the security of your payment and personal information seriously. In this regard, you will be provided with a security certificate once you accept these terms and conditions of sale. All personal information that you provide to us is subject to our Privacy Policy. However, due to the nature of the Internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THIRD PARTIES' UNAUTHORISED ACCESS OF YOUR DATA.
Cancellation and Refund
You are entitled to cancel your order for the Goods, without penalty, within 7 days of the Goods having been delivered to you. In such an event -
you will receive a full refund of the purchase price within 30 days of the date of cancelling this agreement;
you undertake not to utilise the Goods. The Goods must be returned in the original packaging with all the relevant swing tags attached, all undamaged.
your agreement of purchase will be deemed to have been cancelled, and
you will be liable in terms of section 44(2) of the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time) for the direct costs of returning the Goods, such as courier and/or shipping charges. If the Goods in question were procured from the "Import" section of our website from a third party affiliate supplier of International Colours, you will also be liable for the direct costs incurred by International Colours in returning the Goods to such third party affiliate supplier.
Please note that your right to cancel your order for Goods without penalty set out in this clause, shall not apply where the Goods that you have ordered are newspapers, periodicals, magazines and books, or where audio or video recordings or computer software were unsealed by you, or where goods are made to your specifications or are clearly personalised.
The Company will deliver the Goods to you as soon as reasonably possible, but no later than within 30 days of receipt of your payment ("Delivery Period"). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 days of receiving such notification elect whether or not to proceed with your order for the Goods. If you elect not to proceed with your order, we will reimburse you with the purchase price within 30 days of having informed you that we are not able to deliver the Goods during the Delivery Period.
Returns
Goods may be returned only when defective, damaged or if the product supplied is not the same product as what was ordered. If the Goods are defective in any way this must be reported as soon as reasonably possible after the product having been delivered to you and must be returned to us within a period of 6 months after delivery. If the Goods are not the same as what was ordered this must be reported within 24 hours of delivery. Any damage must also be immediately reported, within 24 hours of delivery.
If the Goods have been approved for return, we will notify you and either arrange for our couriers to collect the item from you or request that you post it back to us or ask you to return the item to our current warehouse location, dependent on your original order's shipping method. Should you need to post the Goods to us please only send it via registered mail to our postal address Amp House, Dingwall Road, Croydon, CRO 2LX and you will be credited or refunded for the postage costs incurred, up to a maximum of whatever the current Company Postal Delivery rate is.
If you are returning Goods via courier or post office please package it carefully so that it does not become damaged enroute. Please include the Returns Request Number and a copy of your original invoice with your return and EMAIL US THESE DOCUMENTS AS WELL AS THE REGISTERED POSTAL SLIP to info@jekyllandhide.co.uk. These documents must be emailed to us otherwise we cannot accept any liability should the post office loose the parcel.
Breach
If any party ("Defaulting Party") breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:
any amounts that may be due to it in terms of this agreement; and
any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.
Governing law and jurisdiction
Our relationship and/or any dispute arising from or in connection with these terms and conditions of sale shall be governed by the laws of the United Kingdom. You agree to be subject to the exclusive jurisdiction of the United Kingdom courts.
Notices
The Company hereby selects Amp House, Dingwall Road, Croydon, CRO 2LX as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale ("domicilium"). You hereby select the address specified on the Goods order form as your domicilium. Either party may change its domicilium lto any other physical address by not less than 7 days' notice in writing to the other party. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
by hand will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
by email will be deemed to have been on the date indicated in the "Read Receipt" notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE "READ RECEIPT" FUNCTION to serve as proof that an email has been received.
General
You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any third party.
Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party ("the grantor") may show, grant, or allow to the other ("the grantee") shall constitute a waiver by the grantor of any of the grantor's rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These terms and conditions of sale, read together with the Terms and Conditions of Use of the Website, the Terms and Conditions of Use of the Forum, and our Privacy Policy contain the whole agreement between you and the Company and no other warranty or undertaking is valid, unless contained in this document between the parties.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
- Pay Later
- Pay in 3
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
Heathrow Partnership
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Mandatory Terms
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Example clause
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A
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Terms of sale
NB: Where there are references to "include a term" in the Mandatory Terms, this shall be interpreted as meaning the inclusion of a suitable term within the Retailer Terms and Conditions of Sale.
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A.1
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The Retailer shall include a term to inform the Customer that the location for collection of their order will be within a regulated airside environment which will be subject to the Company's security requirements.
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"The collection points are located in the Airport after aviation security, which means that you must have a valid boarding card for a departing flight (or have other appropriate authority to access the airside collection points at the Airport) to be able to collect your order."
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A.2
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The Retailer shall include a term clarifying that the Sale of Goods Contract is between the Customer and the Retailer, not the Company.
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"Your contract for the sale of the goods which you have purchased from the Reserve & Collect Website is with us and not with Heathrow. Heathrow is therefore not responsible for performance under our sale of goods contract."
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A.3
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The Retailer shall include a term to inform Customers that when they make a Mixed-Basket Order, they will have a separate contract with each Reserve & Collect Retailer in connection with the relevant Merchandise.
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"When you place an order for goods from more than one retailer on the Reserve & Collect Website, you will have a separate contract with each such retailer."
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A.4
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The Retailer shall include a term to confirm that (i) the Customer's use of the Reserve & Collect Website is subject to the Reserve & Collect Website Terms of Use which are provided to the Customer by the Company from time to time, and are separate to the Retailer Terms and Conditions of Sale; and (ii) if there is any conflict between the Reserve & Collect Website Terms of Use and the Retailer Terms and Conditions of Sale, the Retailer shall confirm that the Reserve & Collect Website Terms of Use shall prevail.
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"Your use of the Heathrow Reserve & Collect Website is subject to the Heathrow Reserve & Collect Website's terms of use issued by Heathrow from time to time, which are separate to these terms of sale. If there is any conflict between the terms of use for the Heathrow Reserve & Collect Website and these terms and conditions of sale, the terms of use for the Heathrow Reserve & Collect Website shall prevail and apply."
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A.5
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The Retailer shall include a statement to confirm that the Sale of Goods Contract is not formed upon an Order Acknowledgement Email being sent to the Customer (by the Company on behalf of the Retailer).
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"Although you may receive an order acknowledgement email from Heathrow (on our behalf) further to making an order, this will not mean that your order has been accepted. You will receive a separate email which will clearly state when your order has been accepted by us (and any other retailers when you place an order for goods from more than one retailer on the Heathrow Reserve & Collect Website)."
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A.6
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The Retailer shall include a term confirming that the Sale of Goods Contract is formed upon the Order Confirmation Email being sent to the Customer, at which point funds will be taken from the Customer's bank account.
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"The contract for sale of goods between you and us will come into existence when Heathrow (on our behalf) sends you an email confirming that we have accepted your order (in full or in part), at which point payment will be taken from you."
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A.7
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The Retailer shall include a term to inform Customers that they will receive an Order Cancellation Email if all the Reserve & Collect Retailers are unable to fulfil the Customer's Mixed-Basket Order.
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"You may receive an order cancellation email from Heathrow (on our behalf) if you place an order for goods from us and more than one other retailer on the Reserve & Collect Website, and all of the retailers which are relevant to the order (including us) are unable to fulfil your order (due to product availability or otherwise)."
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A.8
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The Retailer shall include a term which explains to the Customer (i) when pre-authorisation will be taken from the card payment, including what this means, and (ii) when full payment will be taken for the Merchandise purchased.
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"When your order is placed, we will place a pre-authorisation on your payment card which puts funds on hold for the total value of your order. We will not take payment from you until we have confirmed that your order can be fulfilled. If your order is cancelled or cancelled in part, we will release the hold on your payment card for the applicable amount."
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A.9
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Where applicable, the Retailer shall provide (either through the Terms and Conditions of Sale or a separate set of terms which are appropriately linked in the Terms and Conditions of Sale) (i) any product specific terms and conditions, (ii) details of any product warranties or guarantees, and/or (iii) specific terms in relation to any gift card or experience vouchers that are offered for sale on the Reserve & Collect Website. Such terms and warranty or guarantee information must comply with Applicable Laws.
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N/A – these terms will need to be prepared by the Retailer based on its product range.
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B
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Merchandise descriptions
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B.1
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The Retailer shall include a disclaimer to confirm that the prices of Merchandise listed on the Reserve & Collect Website may differ from the prices displayed for the same Merchandise in the Retailer's stores outside of the Airport (whether physical stores or online / digital stores), including in other airports.
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"Please note that the price of any product listed on the Heathrow Reserve & Collect Website may be different to the price of the same product that is offered for sale in our retail outlets or offerings outside of the Airport including in other airports."
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B.2
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[The Retailer shall include a term to explain that the price of Merchandise listed on the Heathrow Reserve & Collect is specific to the Airport and as such, Merchandise [may][will] be labelled as having a 'Heathrow Price'.]31
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["If applicable, where any products listed on the Heathrow Reserve & Collect Website are labelled as having a 'Heathrow Price', this means that the products are being sold on the Heathrow Reserve & Collect Website at a discounted price compared to the price that the products are being offered for sale at through retail outlets or offerings outside of the Airport although such prices may align with the price of the same product(s) which are offered for sale in other airports."]
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B.3
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Where the Retailer is offering Travel Exclusive Merchandise and/or Heathrow Exclusive Merchandise on the Reserve & Collect Website, the Retailer shall clearly describe what this means to the Customer. Whilst an example is provided of how the product may be labelled on the Reserve & Collect Website, the Retailer shall amend this provision (if necessary) to ensure that it accurately describes what exclusivity means to the Customer in practice.
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"If any of our products listed on the Heathrow Reserve & Collect Website are labelled as 'Travel Exclusive Merchandise', this means that those products are not available to buy in our UK [and/or international]32 non-airport stores [or on our own website].33
If any of our products listed on the Heathrow Reserve & Collect Website are labelled as 'Heathrow Exclusive Merchandise', this means that those products are only available to buy on the Heathrow Reserve & Collect Website."
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B.4
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Where the Retailer is offering Merchandise at a Promotional Price, the Retailer shall clearly describe what this means to the Customer. Whilst an example is provided of how the product may be labelled on the Reserve & Collect Website, the Retailer shall amend this provision (if necessary) to ensure that it accurately describes what the applicable Retailer Promotion means to the Customer in practice.
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"If any of our products listed on the Heathrow Reserve & Collect Website are identified as being part of a promotional offer, this means that those products are (i) subject to the terms of a promotional offer, which are made available at [insert link to Retailer’s website],34
and (ii) available to buy on the Heathrow Reserve & Collect Website at a further discount to the ['Heathrow Price'][recommended retail price]."
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C
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Payment, Delivery, Performance and Timing
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C.1
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The Retailer shall include wording specifying the Airport's Operational Hours and identifying these as the times that the relevant Heathrow Collection Point will be open and where to collect orders from.
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"Where you make a purchase on the Heathrow Reserve & Collect Website and the purchase is accepted (this will be confirmed by an email sent by Heathrow on our behalf), you will be asked to collect your purchased item(s) from the Heathrow operated collection point located in your departure terminal. The location of the collection point will be confirmed by Heathrow and specified in the confirmation email (sent to you by Heathrow on our behalf) once your order has been accepted.
The Heathrow operated collection point will be open during the Airport's operational hours on your departure date. The Airport's operational hours mean the period commencing an hour before the first scheduled departing flight and ending an hour prior to the last scheduled departing flight in the relevant terminal in which the relevant collection point is located)."
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C.2
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The Retailer shall include a term to confirm that Merchandise will not be forwarded if the Customer does not collect it, and what happens when an order is not collected.
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"If you fail to collect your order, we will not forward or deliver your items to you. Your order will be held by Heathrow for up to 48 hours from your collection time. Heathrow may offer where practicable for you to cancel your order or collect your order either (i) at a different time from the same or another collection point, or (ii) through the 'Collect on Return' service from a 'Collection on Return' desk. You can contact the Heathrow Reserve and Collect Website services team if you are unable to collect your purchase on shopping.services@heathrow.com.
If you do not collect your order on your departure date and you do not inform Heathrow that you want to make alternative arrangements to collect your order (as specified above), your order will be cancelled and you will be refunded for any payments you have made."
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C.3
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The Retailer shall include a term allowing the Retailer to cancel any orders placed by Customers that have not been accepted in the event that this Agreement is terminated for any reason and where the Sale of Goods Contract has not yet come into effect and no payment has been taken from the Customer.
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"We may decline any orders (or part of an order) as relevant, if we no longer have a right to sell the items in your order on the Heathrow Reserve & Collect Website (for any reason)."
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C.4
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The Retailer shall include a term informing the Customer that the details on their bank account statement will refer to the ‘Heathrow.com’ rather than the name of the Retailer.
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"Whilst you pay us for goods, the Heathrow Reserve & Collect Website is managed by Heathrow and as such your bank account statement in relation to your payment for the goods will refer to ‘Heathrow.com’.
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D
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Cancellation, returns and the Heathrow Promise
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D.1
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The Retailer shall include a term informing the Customer that they can contact the Company's customer services team if they require support in relation to the Heathrow Reserve & Collect Website.
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"If you require the assistance of the Heathrow customer services team in relation to the Heathrow Reserve & Collect Website, you can contact them on shopping.services@heathrow.com or by writing to them at Heathrow Airport Limited, The Compass Centre, Hounslow, Middlesex TW6 2GW."
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D.2
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The Retailer shall include a term explaining to the Customer what their legal rights are in respect of faulty and/or non-compliant products (as required under Consumer Protection Laws). In addition, the Retailer shall include a term requiring the Customer to inform the Company of any request to return faulty Merchandise through the Company's returns portal (the link to which may be updated from time to time by the Company by providing reasonable notice to the Retailer).
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"You have legal rights if we supply faulty and/or non-compliant products. If you want to return any faulty and/or non-compliant items, you must inform Heathrow of your decision via the Heathrow Returns Promise (http://www.heathrow.com/returnspromise) and Heathrow will inform us on your behalf."
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D.3
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In addition to terms informing Customers of their statutory cancellation and refund rights under Consumer Protection Laws, the Retailer will include terms providing Customers with an enhanced 60 day right to return goods for any reason (in additional their statutory rights) and informing Customers of the Heathrow Returns Promise and sign post Customers to the Company's returns portal (the link to which may be updated from time to time by the Company by providing reasonable notice to the Retailer). All Customers making purchases via the Reserve & Collect Website will need to process returns using the Company's returns portal.
The Retailer shall include Appendix 1 of this Schedule 8 (Mandatory Consumer Terms for Retailer Terms and Conditions of Sale) as an annex to or Schedule of the Retailer Terms and Conditions of Sale, save for that any details in square brackets may be amended by the Retailer as applicable. No further changes are to be made unless otherwise agreed in writing by the Company.
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"We provide an enhanced returns policy, which is facilitated by Heathrow applying the Heathrow Returns Promise (http://www.heathrow.com/returnspromise). Please see Appendix 1 for full details.”
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D.4
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In relation to any Merchandise that a Customer returns (for any reason), the Retailer shall include a term requiring the Customer to return the Merchandise to Heathrow. This will also be reflected by the Company on the Heathrow returns portal.
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"Once you have requested a return, Heathrow will (on our behalf) email you with instructions explaining how to return the applicable goods to Heathrow. You must return any unwanted items to Heathrow, to the address specified on the Heathrow returns label, within 14 days of you requesting your return. Heathrow will then process your return and (subject to our instruction) you will be provided with a refund."
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D.5
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In relation to any Merchandise that a Customer has the right of exchange, substitution or replacement, service or item from the Retailer, the Retailer shall include a term requiring the Customer to contact the Retailer directly through the Retailer's own channels and confirming that the Company will not be able to arrange this and will not be liable to Customers in relation to such requests.
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"You must contact us directly at [insert Retailer contact details]35 in relation to any queries you have concerning exchanges, substitution, repairs or replacements, or after sales services. Heathrow will not deal with such requests on our behalf nor shall Heathrow be liable to you for the same."
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D.6
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The Retailer shall include a term that confirms if certain Merchandise will not attract the Statutory Cancellation Right (for example, personalised goods or goods that will perish quickly).
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["The right of cancellation does not apply to:-
a.
items that are made to your specifications or clearly personalised;
b.
items which are liable to deteriorate or expire rapidly;
c.
the supply of alcoholic beverages whose actual value is dependent on the fluctuations in the market which cannot be controlled by us;
d.
products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery (such as jewellery, underwear and swimwear), or which are, after collection by you, inseparably mixed with other items; or
e.
sealed headphones, audio or video recordings or of sealed software if unsealed by you after collection."]
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E
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Further disclaimers
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E.1
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To the extent that the Retailer adopts any identification verification measures or 'Know Your Customer' checks prior to accepting purchases from Customers, the Retailer shall include sufficient terms which describe when and how a Customer must provide such identity information to the Retailer, what such information is used for, and what the consequences are for the Customer if the Retailer's requirements are not met. For the avoidance of doubt, the Company shall have no obligations or liability in respect of such checks undertaken by the Retailer.
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N/A – this Clause will need to be prepared by the Retailer based on its requirements in practice.
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F
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Data Privacy
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F.1
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The Retailer shall include a term which cross-refers to its data privacy policy.
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"We collect and process your personal data according to our data privacy policy which will be made available to you via the Heathrow Reserve & Collect Website."
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G
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Definitions
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G.1
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To help ensure the transparency and understandability of the Retailer Terms and Conditions of Sale, the Company requires the Retailer to include appropriate definitions for the following terms within the Retailer Terms and Conditions of Sale:-
i. Airport;
ii.
Heathrow;
iii.
Heathrow Reserve & Collect Website; and
iv.
Payment Service Provider.
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Heathrow Airport Limited ("Heathrow").
Heathrow Airport, London (the "Airport").
The website: https://boutique.heathrow.com, where you can purchase goods offered by us to collect at the Airport (the "Heathrow Reserve & Collect Website").
Stripe, Inc., Stripe Payments Europe, Ltd. and/or Stripe Payments UK, Ltd, who manage payments made on the Heathrow Reserve and Collect Website (the "Payment Service Provider").
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