Terms and Conditions
Conditions of sale
By completing any online transaction for the purchase of any Goods (as defined below) from Ted Baker Limited trading as Ted Baker (“Ted”) or its affiliates on this website (“Site”), you agree to the Conditions.
1. General. The Conditions govern your online purchase of any goods offered for sale by Ted or its affiliates (collectively, “Goods”). You represent and warrant that you are at least eighteen (18) years old and legally capable of entering into binding contracts. The Site is not intended for use by anyone under the age of eighteen (18).
2. Acceptance by Ted of Your Order. Your order will not be deemed to be accepted by Ted until the earlier of (i) your receipt of written acceptance from Ted; and (ii) the delivery of the Goods to the address provided by you in connection with your online transaction for the purchase of Goods. For the avoidance of doubt, an order confirmation or acknowledgement issued by Ted is not an acceptance of your order but merely confirmation of the contents of such order and Ted reserves the right to accept or reject such order in accordance with the remainder of this provision. Ted may reject your order for any reason, including, but not limited to, unavailability of the relevant Good(s), insufficient resources, a price or description error, inability to obtain or process your payment, errors in the information provided by you or for any other reason. It is your responsibility to ensure that the information provided by you is accurate. Ted may not be able to process your online transaction if any information provided by you is inaccurate. Ted will ship Goods to the address you provide. If you provide an incorrect address and Ted ships the Goods to that address, Ted will not be responsible or otherwise liable for the shipped Goods.
3. Price and Payment. The price for the Goods shall be as published on the date of acceptance of your order by Ted. You will also be responsible for applicable sales tax and shipping charges. Ted reserves the right to change prices for the Goods at any time. Payment of the price for the Goods is due in full before delivery and failure to make payment on the due date shall, without prejudice to Ted's other rights, entitle Ted to refuse delivery and cancel any contract between you and Ted. For the purposes of this condition only, the due date shall be the date of actual delivery.
4. Delivery, Title and Risk of Loss. Delivery is on the terms set out in our delivery policy, which is incorporated into these Conditions. Risk of loss of the Goods will transfer from Ted to you at the time of delivery. Title to the Goods will transfer from Ted to you when Ted receives payment in full of all sums due in respect of the Goods, including delivery charges. Ted reserves the right to treat each order accepted by Ted as a separate contract and Ted reserves the right to deliver the Goods by installments. Where Goods are delivered by installments Ted reserves the right to treat each installment as a separate contract.
5. Returns. You may return your Goods within 28 days after the date Ted shipped your Goods. All returns must be made in accordance with Ted’s Returns Policy, which is incorporated into these Conditions. The remedy set out in such policy is your sole and exclusive remedy for any Goods that fail to conform to Section 9 below.
In an effort to confirm that your credit, debit or charge card is not being used without your consent, Ted will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. By accepting these Conditions you consent to such checks being made and to the sharing of your personal information with such Credit Reference Agencies. The purpose of this check is to confirm your identity. Ted does not perform a credit check.
7. Conditions May Change. You acknowledge and agree that Ted may, in its sole discretion, modify the Conditions (including any instructions, policies or guidelines referenced in the Conditions) at any time and in any manner. All such modifications shall be binding upon you when made. You may not amend or modify the Conditions under any circumstances. These Conditions apply to your online transaction for the purchase of Goods to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification, email, telephone call or other communication) and no terms or conditions endorsed upon, delivered with or contained in or communicated by any of the foregoing will form part of the Conditions.
8. Notices. All notices from Ted intended for receipt by you shall be deemed delivered and effective when sent to the email address provided by you during the completion of your online transaction for the purchase of Goods (“Notice”). If you change your email address, you must update the email address on the “Your Account” page of www.tedbaker.com/us/login.
9. Marketing Materials; WARRANTIES; DISCLAIMER OF CERTAIN WARRANTIES. The description of Goods shall be as set out on our Site. All drawings, descriptive matter, specifications and advertising issued by Ted and any descriptions or illustrations contained in Ted's catalogue or brochures (the "Marketing Materials") are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and such Marketing Materials do not and will not form part of the contract between you and Ted. You acknowledge that you are not purchasing the Goods in reliance upon any such Marketing Materials. EXCEPT FOR THOSE EXPRESS WARRANTIES SET OUT IN THESE CONDITIONS AND FOR ANY WARRANTIES PROVIDED IN ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE THAT MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES, WHETHER WRITTEN OR ORAL, WHETHER CREATED BY CONTRACT OR BY OPERATION OF LAW, APPLICABLE TO THE GOODS OR THE CONDUCT OF YOUR ONLINE TRANSACTION FOR PURCHASE OF THE GOODS. TED EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING ANY NON-INFRINGEMENT WARRANTY, WHETHER EXPRESS OR IMPLIED. EXCEPT FOR ANY WARRANTIES PROVIDED IN THE UNIFORM COMMERCIAL CODE THAT MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THE PARTIES AGREE THAT THE UCC DOES NOT GOVERN YOUR ONLINE TRANSACTION FOR THE PURCHASE OF GOODS.
10. Liability. NEITHER TED NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY AMOUNT IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY YOU FOR THE GOOD THAT IS THE SUBJECT OF YOUR CLAIM, IF ANY. UNDER NO CIRCUMSTANCES WILL ANY OF TED’S OR ITS AFFILIATES’ CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, EQUITY OR UNIT HOLDERS, EMPLOYEES, OR AGENTS, OR THE SUCCESSORS OR ASSIGNS OF ANY OF THEM (COLLECTIVELY, THE “TED’S REPRESENTATIVES”) BE LIABLE TO YOU FOR ANY AMOUNTS WHATSOEVER, REGARDLESS OF THE TYPE OF DAMAGE OR NATURE OF THE CLAIM. TED, ITS AFFILIATES AND TED’S REPRESENTATIVES SHALL BE REFERRED TO, COLLECTIVELY, AS THE “GROUP.” THE GROUP SHALL NOT, UNDER ANY CIRCUMSTANCES AND REGARDLESS OF THE NATURE OF THE CLAIM, BE LIABLE TO YOU OR ANY OTHER PERSON (THE “CLAIMING PARTY”) FOR DAMAGES THAT CONSTITUTE (1) LOSS OF INTEREST, PROFIT OR REVENUE OF THE CLAIMING PARTY, OR (2) INCIDENTAL, LOSS OF DATA OR OTHER INFORMATION, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, MULTIPLE OR INDIRECT DAMAGES SUFFERED BY THE CLAIMING PARTY, EVEN IF ANY MEMBER OF THE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
11.1 Ted reserves the right to accept or refuse any order and to cancel any uncompleted contract with the Buyer or to suspend in relation to a delivery under any contract if the Buyer fails to observe or perform any of these Conditions.
12. INDEMNITY. You will indemnify and hold Ted and its Affiliates, including their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers (collectively, “Indemnitees”) harmless from and against any and all fines, penalties, costs, expenses (including attorneys’ and experts’ fees), liabilities, losses, damages of any kind whatsoever and all other amounts incurred by any of the Indemnitees, and shall defend the Indemnitees against (1) all claims that any information, data or other materials that you provide in connection with your use of this Site, or use thereof by any of the Indemnitees, infringes, misappropriates or otherwise violates any intellectual property right or other right of a third party; (2) all claims arising from fraud committed by you, or your intentional misconduct or gross negligence; (3) all claims otherwise arising from your failure to comply with these Conditions or applicable laws, rules and regulations; and (4) all claims by any third party to whom your provided the Goods.
13. DISPUTE RESOLUTION AND GOVERNING LAW. If a dispute arises under these Conditions between you and Ted, such dispute will be resolved, at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum or the American Arbitration Association, under their rules for consumer arbitrations. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR JURY. Notwithstanding any other provision of these Conditions, you may resort to court action for injunctive relief at any time if, in your good faith belief, the dispute resolution procedures described in this Section would permit or cause irreparable injury to you or any third party making a claim against you, due to delay arising out of such dispute resolution procedures. All rights and obligations of you and Ted relating to these Conditions, including the purchase and sale of any Good, will be governed by and construed in accordance with the Law of the State of New York, without giving effect to any choice-of-law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You specifically agree that the 1980 United Nations Convention on Contracts for the International Sale of Goods or any version thereafter shall not govern or apply to any right or obligation of you or Ted relating to these Conditions, including the purchase and sale of any Good.
14.1 All patent, copyright, design, registered or unregistered trademark, confidential information, trade secret, know-how or industrial or intellectual property rights ("Intellectual Property Rights") in all Goods and in the names "Ted Baker", "Ted Baker Woman", "Ted Baker Accessories", "Ted Baker Endurance", "Ted Baker Underwear", "Teddy Boy", "Teddy Girl", "Ted Baker Global", "Ted Baker Jeans", "Ted Baker Archive", "Ted Baker Pashion", "Ted Baker Swimwear" and any other logos or trademarks (collectively, “Ted Baker Marks”) appearing in or on or used in relation to the Goods shall remain vested in Ted and its Affiliates and no right to licence or other rights are granted under these Conditions to the Buyer in respect of any Intellectual Property Rights except the right to display Ted Baker Marks to the extent they are currently displayed on the Goods.
14.2 Ted will be excused from performance and all liability under these Conditions for any period that it is prevented from or delayed in performing any obligations pursuant to these Conditions, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes, (4) labor strikes; or (5) other causes beyond the reasonable control of Ted.
14.3 If any provision of these Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these Conditions and the remainder of such provision shall continue in full force and effect.
14.4 Failure or delay by Ted in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under these Conditions, and no waiver by Ted of any breach by the Buyer of these Conditions will be deemed a waiver of any subsequent breach and will in no way affect the other terms of these Conditions.
14.5 You may not assign these Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Ted, which may be withheld at Ted’s sole discretion. Any attempted assignment by you that does not comply with the terms of this Section will be null and void. Ted may assign these Conditions, in whole or in part, to any third party in its sole discretion.
14.6 These Conditions constitute the entire agreement between you and Ted with regard to your online transaction for the purchase of Goods, all matters addressed in these Conditions, and all prior agreements, letters, proposals, discussions and other documents regarding your online transaction for the Purchase of Goods and the matters herein are superseded and merged into these Conditions.
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