Terms and Conditions

APPLICATION OF TERMS OF USE

These Conditions apply to use of this Website and are the terms and conditions on which We will supply any of the Products to You and by proceeding further and/or placing an Order You agree to be bound by the Conditions. If You do not agree to be bound by them, You should leave this Website now.

Please click on the button to mark your acceptance of these Conditions before placing an Order if You accept them. Please understand that if You refuse to accept these Conditions, You will not be able to order any Products from the Website.

When using the Website, You accept that communication with Us will be mainly electronic. We will contact You by email or provide You with information by posting notices on the Website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of the password chosen by You when You register on the Website and for restricting access to your computer and/or email address to prevent unauthorised access to your account.

GENERAL INDEMNITY

You agree to indemnify Us fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these Conditions by You or any other liability arising out of your use of this Website or out of the use of this Website by any person using your account number and/or password.

OUR LIABILITY

We warrant to You that any Product purchased from Us through the Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses You suffer as a result of Us breaching this Contract is strictly limited to the purchase price of the Product You purchased.

To the fullest extent possible and except for the warranty set out above, We disclaim any and all warranties of any kind (whether expressed or implied) in relation to the Products.

We will not be liable to You in contract, tort, or otherwise for any loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by You arising out of the subject of these Conditions.

Nothing herein shall affect your statutory rights.

Nothing in these Conditions shall limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, under section 2(3) of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for Us to exclude, or attempt to exclude Our liability.

WAIVER

If We fail, at any time of the Contract, to insist upon strict performance of any of Your obligations under the Contract, or if We fail to exercise any of the rights or remedies to which We are entitled under this Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

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

No waiver by Us of any of the terms and conditions of the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.

SEVERABILITY

If any part of these Conditions is held to be invalid or unenforceable in whole or in part the invalid or unenforceable wording shall be deemed to be omitted, and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

Each Contract shall be governed by these Conditions which contain the entire agreement between You and Us in respect of its subject matter and supersedes any previous agreements relating to such matter.

GOVERNING LAW

These Conditions shall be governed by and construed in accordance with English law and You hereby submit to the exclusive jurisdiction of the English courts.

THIRD PARTIES

The Contracts (Rights of Third Parties) Act 1999 shall not apply.

We will treat all your Personal Information (which includes any User Information from which we can identify You) as confidential (although We reserve the right to disclose this Personal Information in the circumstances set out below). We will keep it on a secure server and We will fully comply with all applicable UK Data Protection and consumer legislation.

USE

We confirm that your Personal Information is held in accordance with the registration We have with the Information Commissioner’s Office We only use your personal Information for the following purposes:

1a) Processing your Orders;

2b) For statistical purposes to improve this Website and its services to You;

3c) To administer this Website;

4d) Other use by Us to which You agree when asked on this Website.

When You register on this Website You are given the option to receive news and updates from Us by email and post which We feel may be of interest to You.

If You indicate your agreement to being contacted by Us by these means You may subsequently unsubscribe from our contact list at any time by contacting Us or following the “unsubscribe” directions given in any email received. You can also amend your account profile at any time by signing-in and going to “your account”.

Your Personal Information may be disclosed to other businesses within the group of which We are a part and to reputable third party contractors engaged by Critics Clothing to perform a variety of functions such as processing your Orders, assisting with promotions or providing technical services for our Websites. We require all such third parties to treat your Personal Information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation.

You should be aware that if We are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and/or User Information We are entitled to do so.

COOKIES

Cookies are small pieces of information that are stored by your browser on your computer’s hard drive. Our cookies do not contain any personally identifying information, but they do enable Us to provide features such as personalisation and to store items in your Shopping Basket between visits. Most Web browsers automatically accept cookies, but You can usually change your browser to prevent that. Even without a cookie, You can still use most of the features on the Website, including placing Products in your shopping Basket and purchasing them.

LINKS TO OTHER SITES

We may offer links to sites that are not operated by Us. If You visit one of these linked sites You should review its privacy and other policies. We are

not responsible for the policies and practices of other companies.

INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content appearing on this Website shall remain at all times vested in Us or our licensors. Critics Clothing is a registered trademark owned by Us.

NOTICES

All notices given by You to Us shall be to Our address set out in these Conditions. We may give notice to You at either the email or postal address You provided to Us when placing the Order. Notice will be deemed received and properly served immediately when posted on the Website, 24 (twenty-four) hours after an email is sent, or 3 (three) days after the date of posting any letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

EVENTS OUTSIDE OF OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Contract that is caused by events outside Our reasonable control (“Force Majeure Event”).

.A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, in particular (without limitation) the following:-

•a) strikes, lock-outs or other industrial action;

•b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

•c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

•d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

•e) Impossibility of the use of public or private telecommunications networks;

•f) The acts, decrees, legislation, regulations or restrictions of any government.