Printable Version as PDF Download

General Terms and Conditions
Online Store UK (Issued: 1 November 2018)

§ 1 Scope and Parties

(1)

These General Terms and Conditions, in the version applicable at the time an order is placed, govern the relationship between HUGO BOSS UK Limited (the "Seller") and the customer (the "Customer").

(2)

These General Terms and Conditions apply to orders placed via the Online Store United Kingdom available at (https://www.hugoboss.com/uk/home) the "(Website"), via the HUGO BOSS Mobile App (the ""Mobile App") and when placing an order in HUGO BOSS Stores with the assistance of staff via the HUGO BOSS Order from Store App (the "Order from Store" App), hereafter jointly "Online Store".

(3)

When placing an order via the Website and/or the Mobile App, the Customer can access the General Terms and Conditions via the links provided in the Online Store and save them on their device and/or print them out. When placing an order via the Order from Store App the Customer may access the General Terms and Conditions via the links. These General Terms and Conditions will be sent to each Customer on a durable medium once they have made a purchase (e.g. as an e-mail with a pdf attachment).

Customer Care contact details

HUGO BOSS AG, Customer Care, Dieselstraße 12, Metzingen, Germany
Phone: +44 20 3515 2096
Fax: +44 20 3514 2097
E-mail: service-uk@hugoboss.com

(4)

HUGO BOSS AG provides customer care for the Online Store on the Seller's behalf ("Customer Care"). If a Customer has any questions, requests or complaints in relation to the Online Store, the Customer may contact Customer Care via letter, fax or e-mail using the contact details below:

(5)

The range of goods in the Online Store is aimed only at Customers of legal age whose habitual place of residence is in the United Kingdom, and who can provide a delivery address there; however we do not deliver to the Channel Islands (Jersey, Guernsey, Alderney, Herm, Sark), the Falkland Islands and the Isle of Man. “Customer” is defined by law as any natural person acting for purposes which are wholly or mainly outside his trade, craft or business.

§ 2 The Order Process

(1)

Before placing an order, the Customer can view and amend the details of the Customer’s order at any time. This can be done by clicking on the “Change order” button, using the “Back” function, or editing the individual entry fields.

(2)

The Online Store merely constitutes an invitation to the Customer to make an offer to enter into a purchase contract for the goods presented in the Online Store.

(3)

The Customer may select items from the Seller's range of products and add them to a shopping bag by clicking on the “Add to Shopping Bag” or “Add to Bag” button. By clicking on the “Order with the obligation to Pay” button, the Customer makes an offer to purchase the products contained in the shopping bag. After the Customer has submitted the order, the Seller will process the Customer’s order and will send to the Customer an automatic acknowledgement of receipt email. However, this does not constitute acceptance of the Customer's order by the Seller nor does a contract between the Customer and the Seller exist at this point in respect of the Customer's order.

(4)

The Seller’s acceptance of the Customer’s order will take place when the Seller emails the Customer to confirm that the order has been accepted and dispatched “order and dispatch confirmation email”), at which point a contract will come into existence between the Customer and the Seller

(5)

If several items are included in an order, a contract is only created in respect of the items expressly referenced in the order and dispatch confirmation e-mail.

(6)

If the Seller is unable to accept the Customer’s order for any reason (including any of the reasons described in this § 2(6) or § 2(7) below), the Seller will notify the Customer of this by e-mail (if any part of the order has been accepted, the Seller will also notify the Customer of this in the order and dispatch confirmation e-mail). The gross value of an order via the Online Store of any kind whatsoever (including value-added tax, but excluding any delivery or other charges) (the “order value”) may not exceed £4,000 and may not be less than £25. In case the order value is higher than the maximum or lower than the minimum order value this will be communicated to the Customer and the Customer will technically be prevented from completing the order. Please note that the figures relating to the order value may change from time to time. A maximum order quantity of 3 articles per style (meaning of the same colour and size) applies to each order.

(7)

The Seller is entitled to cancel a Customer's order in the following circumstances:

(i)

the Seller identifies an obvious and unmistakeable error in the price or description of the product;

(ii)

the Seller is unable to obtain authorization for the Customer’s payment and/or suspects illegal or fraudulent activity (see clause II of section C of the Privacy Statement) including where the quantity of goods is higher than the usual quantities for private households;

(iii)

the product is out of stock or otherwise unavailable; or

(iv)

the Customer has not met the eligibility to order criteria set out in these General Terms and Conditions

In this event, the Seller will notify the Customer by e-mail without delay and will require the Customer to return the goods in accordance with the Returns Policy in § 7 (in the event that they have already been delivered to the Customer). Once the goods have been returned, the Seller will refund the payment and any delivery costs to the Customer in full (or in part if part of the order has been accepted), in accordance with the Refunds Policy in § 7.

(8)

The contract is concluded in English. In compliance with data protection law, the Seller will store a copy of the contract (consisting of the order and the General Terms and Conditions) and will forward the same to the Customer with the electronic invoice email. In addition, if the Customer has registered, he/she can view orders in his/her personal My HUGO BOSS customer account.

§ 3 Delivery, Delivery Times, Availability of Goods

(1)

Unless agreed otherwise, the goods will be delivered to the Customer at the delivery address provided. Delivery is only available within the United Kingdom (excluding the territories mentioned in § 1(5)).

(2)

The Seller will notify the Customer of the expected delivery time during the order process. Unless otherwise stated, delivery time is generally 2 to 3 business days for standard delivery and generally 1 to 2 business days for express delivery. Further information about types of delivery and the carriers used can be found on the Online Store's information pages. The order confirmation e-mail will give an expected delivery time.

(3)

Once the goods have been handed to the carrier, the Seller will send the Customer an e-mail with a notification of dispatch and all of the necessary information regarding shipping status and the estimated time of day when the goods will be delivered.

(4)

If for reasons beyond its control the Seller is unable to meet a fixed delivery date, it will inform the Customer without delay and specify a new delivery date. If the new delivery date is unacceptable to the Customer, he/she will be entitled to cancel the order in respect of the goods concerned; in this case, the Seller will reimburse the Customer in accordance with the Refunds Policy in § 7 of these General Terms and Conditions.

Click and Collect
(5)

Information about the HUGO BOSS stores Click & Collect service is provided on the Online Store during the order process. If, when placing an order, the Customer is offered the HUGO BOSS store locator in the field for entering his/her address (Click & Collect service), the Customer may choose a store anywhere in the United Kingdom as his/her delivery address and may book an appointment with a HUGO BOSS staff member in-store to receive personal shopping advice.

(6)

If the Customer uses the Click & Collect service, he/she may collect the goods in person from the selected HUGO BOSS store for a period of 14 days from the later of the day after the date the goods were delivered to store as notified to the Customer (“Delivery Date”) (the “Collection Period”). The Customer may collect the goods by presenting the order and dispatch confirmation email (e.g. either a print-out or on a smart phone) during the opening hours of the HUGO BOSS store to which delivery has been made. The Customer will receive information about the opening hours of the relevant HUGO BOSS store during the order process and in the order confirmation and dispatch email. If the Customer does not collect the goods before the expiry of the Collection Period, the Seller will automatically cancel the order and reimburse the Customer in accordance with the Refunds Policy in § 7 of these General Terms and Conditions

(7)

If the Customer uses the Click & Collect service but decides, for any reason, to cancel his/her order the Customer may do so by letter, fax or by e-mailing or phoning Customer Care or the HUGO BOSS store chosen for delivery, in accordance with § 7 of these General Terms and Conditions, stating that the Customer wishes to cancel his/her order or appointment.

§ 4 Prices and Delivery Charges

(1)

All of the prices listed in the Seller’s Online Store include the applicable statutory value-added tax

(2)

The Seller will notify the Customer of any delivery and additional charges (e.g. for gift wrapping) during the order process before the Customer places his/her order. The Customer will pay for any such charges notified to the Customer prior to placing the order.

§ 5 Payment

(1)

Payment must be made by the Customer using one of the methods of payment indicated during the order process.

(2)

If no further methods of payment are offered during the order process the Seller accepts credit card payment. Where the order process takes place on the Website or in the Mobile App the Seller accepts also payment via PayPal. Where the order process takes place in a HUGO BOSS Store the Seller accepts also cash payment. Further details can be found on the Online Store.

(3)

To protect itself against the risk of payment default by the Customer, the Seller reserves the right to exclude certain methods of payment in an individual case. See clause II of section C of the Privacy Statement for further details of the fraud checks the Seller may carry out.

(4)

The Customer agrees to the receipt of electronic invoices in the form of a pdf file attached to an e-mail.

§ 6 Retention of Title

Goods delivered as part of an order remain the property of the Seller until they have been delivered to the Customer (or a person identified by the Customer to take delivery on their behalf).

§ 7 Right of Withdrawal and Cancellation

(1)

For goods ordered via the Online Store or otherwise bought at a distance, Customers have a legal right to:

(2)

if the Seller has not yet accepted the order in accordance with § 2, withdraw an offer at any time without giving any reason or incurring any liability; or

(3)

if the Seller has accepted the order in accordance with § 2, cancel the order by following the instructions below:

INSTRUCTIONS ON CANCELLATION

Right of cancellation

You have the right to cancel this contract without giving any reason but by simply informing us of your decision in accordance with the instructions below. The time limit for cancellation is a period of 30 days from the day that you acquire, or a third party named by you who is not the carrier, acquires physical possession of the goods.

For contracts concluded between 1 November 2018 and 10 December 2018, the period shall end on 11 January 2019, but in no case before the expiry of 30 days.

You must inform us (see below for contact details) of your decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail or by using the returns form included in your goods package). You may use the attached model cancellation form, but it is not obligatory. You can also download a cancellation form on our website electronically. To exercise your right of cancellation within the cancellation period, it is sufficient for you to send a notice concerning your exercise of the right of cancellation before that period has expired by one of the following methods:

Contact details for the exercise of the right of cancellation:

To exercise your right of cancellation

by letter, please write to:

Customer Care
HUGO BOSS AG
Dieselstr.12
72555 Metzingen
Germany

by e-mail, please e-mail us at: (service-uk@hugoboss.com)

by fax, please fax us at: Fax: +44 20 3514 2097

by telephone, please phone: Phone: +44 20 3514 2096

by returning the goods, please send them to:

HUGO BOSS Online Store
- Retouren -
DC Wendlingen
Ulmer Str. 171
73240 Wendlingen
Germany

Return policy

The return of the goods will be free of charge if you use and follow the instructions contained on the return form and the pre-printed return label included with the delivery, except in relation to items that contain hazardous materials or flammable liquids or gases, e.g. Eau de Parfum, Eau de Toilette, After Shave, Deo Stick, Deo Spray, and Smartwatches. In respect of such items you will bear the direct cost of returning the goods.

You shall send back the goods to the Returns Address or return them to us in store without delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us (see above). You must send back the goods before the period of 14 days has expired.

You are only liable for any diminished value of the goods if the goods were handled in a manner other than that necessary to establish the nature, characteristics and functioning of the goods (for example, if you have worn a pair of shoes other than to try them on inside and the soles are scuffed). We may reduce your refund to cover the diminished value to the extent permitted by law.

Refunds Policy

If you cancel your order within the cancellation period, we shall reimburse to you all payments made by you, including the costs of delivery up to the amount of the standard delivery charge. Any delivery charges exceeding this amount (e.g. express delivery charges) shall be borne by you. Reimbursement shall be in full (or in part if part of the order has been accepted) without undue delay and in any event not later than 14 days from the earlier of the day on which we receive the returned goods from you or evidence that you have sent them back.

If we cancel your order, we shall reimburse to you all payments made by you, including all delivery costs. Reimbursement shall be in full (or in part if part of the order has been accepted) and without undue delay.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you. Subject to the above terms, we will not impose any fee for such reimbursement.

Exclusion of the Right of Cancellation

No right of cancellation exists in the case of contracts for the supply of the following goods. Please note that this not an exhaustive list:

- non-prefabricated goods made on the basis of an individual choice of or decision by the consumer or which are clearly personalised,

- the supply of sealed goods which were unsealed after delivery and are thus not suitable for return due to health protection or hygiene reasons.

(4)

The Customer can use the model cancellation form as follows. However, it is not mandatory to use this form.

Cancellation form

(Complete and return this form only if you wish to withdraw from the contract)

To [HUGO BOSS AG, Customer Care, Dieselstr. 12, 72555 Metzingen, Germany]


I hereby give notice that I withdraw from my contract of sale of the following goods:

Ordered on:

Name of consumer:

Address of consumer:

Date

§ 8 In-Store Return

In addition to the statutory right of cancellation (see § 7) the Customer can return the item together with the return form to the HUGO BOSS store where the items were ordered or any other participating HUGO BOSS Store in the United Kingdom within 30 days from the day that the Customer acquires, or a third party named by the Customer who is not the carrier, acquires physical possession of the goods. In this case HUGO BOSS shall reimburse to the Customer all payments made by him/her and the delivery costs except where the Customer has used express delivery in which case these costs will not be reimbursed. Reimbursement shall be made in full (or in part if only part of the order has been returned) and without undue delay directly in the HUGO BOSS Store using the same means of payment as the Customer used for the original transaction (unless expressly agreed otherwise with the Customer). The Seller will not charge any additional fee to the Customer for reimbursing him/her.

§ 9 Warranties

(1)

The Customer has certain legal rights, for example, that any products supplied by the Seller will be of satisfactory quality, fit for their intended purpose, and will conform to any description, sample or model provided on the Online Store. The Customer also has certain legal remedies if the Seller breaches any of these rights including where a product is defective. Nothing in these General Terms and Conditions is intended to affect these legal rights or other rights to which the Customer may also be entitled.

(2)

The Customer should contact Customer Care (see contact details at § 1(4)) or follow the cancellation process set out at § 7 if the Customer believes that a product supplied by the Seller does not conform with the contract between the Customer and the Seller. For more information about the Customer’s legal rights in the UK, the Customer should contact his/her local Citizens Advice Bureau or Trading Standards Office.

(3)

The Seller will only be liable for loss or damage in accordance with the provisions of § 10.

§ 10 Liability

(1)

The Seller does not, in any circumstances, exclude its liability for fraud, death or personal injury caused by the Seller’s negligence or that of its employees and agents or any other loss which is not permitted to be excluded by applicable law.

(2)

The Seller is not responsible for any loss or damage that the Customer might suffer which is:

(i)

not caused by the Seller’s breach of these General Terms and Conditions;

(ii)

a side effect of the main loss or damage to the Customer and which is not reasonably foreseeable by the Customer or the Seller when the Customer begins to use the Website. Loss or damage is reasonably foreseeable where it could be contemplated by the Seller and the Customer at the time of entering into the contract (i.e. placing the order);

(iii)

a result of the Seller’s failure to provide the Website (or any part of it) or withdrawal of products from the Website or a result of our right to cancel an order as set out in § 2(6) and § 2(7);

(iv)

caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to the Customer’s use of the Website (including your downloading any content from the Website or any website linked to it); or

(v)

caused when the Seller is prevented from fulfilling any of its obligations by events beyond its control (including, but not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God).

(3)

The Seller’s total liability to the Customer for any loss or damage arising in connection to this Agreement will be limited to a maximum of 150% of the value of the Customer’s order.

(4)

These limitations on liability also extend to any legal representative or agent of the Seller.

(5)

These limitations on liability do not apply where the Seller has fraudulently concealed a defect or has incorrectly described a product or fails to correctly deliver a product.

§ 11 Choice of Law and Jurisdiction

(1)

Any contract between the Seller and the Customer including but not limited to any orders and these General Terms and Conditions are governed by the laws of the part of the United Kingdom in which the Customer is resident.

(2)

In the event that a dispute between the Seller and the Customer arises out of or in connection with the order or these General Terms and Conditions, the Seller and the Customer both agree that the courts of England and Wales will have exclusive jurisdiction except if the Customer is a resident of Northern Ireland he/she may bring proceedings in Northern Ireland, or if the Customer is a resident of Scotland, he/she may bring proceedings in Scotland.

(3)

Please note that the European Commission also provides a platform for alternative out-of-court resolution of disputes, available on the website http://ec.europa.eu/odr. A link to this page is also available on our website.

§ 12 Seller company details

HUGO BOSS UK Limited
Registered office: 39 Plender Street, London, NW1 0DT
Registered in England and Wales under registration number 03484933
VAT number GB117230158

§ 13 Amendments and updates

The General Terms and Conditions may be amended from time to time. Any changes are effective as of the date of publication on the Online Store and will apply to any new orders placed by the Customer following the date of publication. These General Terms and Conditions were last updated on the date in the heading.