Terms & Conditions
OVERVIEW
This website is operated by Maybourne (registered in England and Wales under company number 03669284 and with its registered office at 27 Knightsbridge, London, United Kingdom, SW1X 7LY) on behalf of Claridge’s Hotel Holdings Limited, The Connaught Hotel Limited and The Berkeley Hotel Limited (together, the “Maybourne”). Our registered VAT number is GB 238 7315 49.
Throughout the website, the terms “we”, “us” and “our” refer to the Maybourne. Maybourne offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These are the terms and conditions on which: (i) you agree to access and use our website; and (ii) we supply products to you (the “Terms and Conditions” or “Terms”). If you have any questions regarding the website or these Terms and Conditions, or in the unlikely event that you have any complaints about any products purchased by you from the website, you can contact us by telephone on +44 (0) 207 107 8854 or by email at giftshop@the-berkeley.co.uk. Alternatively, please see our FAQs.
By visiting our website and / or purchasing products from us, you agree to be bound by the Terms and Conditions, including any additional terms and conditions and policies referenced herein and / or available by hyperlink. These Terms and Conditions apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. If you do not agree to all the terms of these Terms and Conditions, then you may not access the website or use any services. By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this website.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and / or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ONLINE STORE
SECTION 1 – OUR CONTRACT WITH YOU
A contract between you and Maybourne for the sale and delivery of our products will only exist once we email you to accept your order. Your credit or debit card will be authorised when your order is placed and will be charged once your order has been accepted. This does not affect your legal rights.
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
SECTION 2 – PRODUCTS
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
We reserve the right to refuse any order you place with us. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and /or billing address / phone number provided at the time the order was made. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
Some of our products contain alcohol. In the UK, the minimum age to purchase alcohol (and therefore these products) is 18 years of age. It is an offence in the UK to purchase or attempt to purchase alcoholic liquor under the Licensing Act 2003 if you are under the age of 18. Other jurisdictions may specify other minimum ages for the purchase of alcohol. We reserve the right to terminate order immediately if you purchase or attempt to purchase alcohol if you are under the minimum age in your jurisdiction, or on behalf of someone who is under the minimum age in your jurisdiction.
Some of our products contain allergens which are set out on the product pages on the website. However, please contact us directly if you require further information.
SECTION 3 – DELIVERY
The costs of delivery will be as displayed to you on our website in accordance with our Delivery and Returns Policy. For some destinations there may be additional customs duties to pay. Unfortunately, we can’t confirm how much these will be and the recipient will be responsible for any payment. Please bear in mind that this may also cause delivery delays.
All dates quoted for delivery are estimated delivery dates only and may be subject to change.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any products you have paid for but not received.
Ownership and title of any product will transfer to you or your designated recipient when the product is delivered to the address you gave us or once it is left with a person or place nominated by you, provided that we have processed and received payment in full. Risk of loss and damage of a product will also pass to you or your designated recipient when the product is delivered to the address you gave us or left with a person or place nominated by you.
SECTION 4 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made via our website. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed. You must treat your account information as confidential and not disclose it to any third party.
SECTION 5 – PRICE AND PAYMENT
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see below for what happens if we discover an error in the price of the product you order.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
Prices and availability of products are subject to change without notice.
SECTION 6 – YOUR RIGHT TO CANCEL
You have a legal right to change your mind and cancel your order within 14 days of receipt and receive a refund of all charges for the cancelled goods. We will process the refund in accordance with our Delivery and Returns Policy and in any event not later than: (a) 14 days after the day we receive back from you any products supplied; or (b) if there were no products supplied, 14 days after the day on which we receive your cancellation notification.
We are unable to amend or change your order once it has been placed. If you would like to amend or change your order, you will need to cancel the existing order and place a new order for the relevant products.
For more information on how to cancel your order before dispatch, please contact us by telephone on +44 (0) 207 107 8854 or by email at giftshop@the-berkeley.co.uk. Alternatively, please review our Delivery and Returns Policy.
USING OUR WEBSITE
SECTION 7 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our website may include materials from third-parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website, any related website or in relation to any product is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on our website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our website or on any related website, should be taken to indicate that all information on our website or on any related website has been modified or updated.
SECTION 10 - PROHIBITED USES
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website or access to the website or any contact on the website through which our products or services are provided, without express written permission by us.
In addition to the above, you are prohibited from using our products, the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any regulations, rules or laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.
SECTION 11 - PERSONAL INFORMATION
All information you provide to us under these Terms and Conditions is subject to our Privacy Policy. Credit card information is always encrypted during transfer over networks.
SECTION 12 - DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free, nor that our website will be secure or free from bugs or viruses. You should use your own virus protection software. You must not transmit any worms or viruses or any code of a destructive nature.
You agree that from time to time we may remove the website or services for indefinite periods of time, without notice to you.
GENERAL TERMS
SECTION 13 – LIABILITY
Nothing in these Terms and Conditions is intended to exclude or limit our liability for death or personal injury caused by our negligence. Notwithstanding this, you expressly agree that your use of, or inability to use, the website is at your sole risk.
We will provide the website and products with reasonable care and skill, and are under a legal duty to supply products that are in conformity with the order for the product.
The website and all products and services delivered to you through the website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied.
The Maybourne will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, a product or the material or content on the website, even if the Maybourne has been advised of the possibility of such damages.
You will be liable for any costs incurred by the Maybourne, including reasonable attorneys’ fees, arising from any claim or demand made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, your use of the website or your violation of any law or the rights of a third-party.
SECTION 14 - SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 - TERMINATION
We reserve the right to terminate our contract with you immediately if you commit any breach or violation of any of the Terms. We reserve the right to refuse service to anyone for any reason at any time.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our website (or any part thereof).
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You will need to return the product(s) by post. Parcels returned by post are returned at your own cost. For more information, please see our Delivery and Returns Policy.
SECTION 16 - WAIVER
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
SECTION 17 - TRANSFER OF THESE TERMS
We may transfer our rights and obligations under these Terms and Conditions to another organisation at any time.
SECTION 18 - GOVERNING LAW
These Terms and Conditions do not affect your statutory rights.
These Terms and Conditions will be governed by and construed in accordance with the laws of England.
SECTION 19 - HOW MATERIAL ON THE WEBSITE MAY BE USED
We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
The companies which comprise the Maybourne own numerous trade marks in relation to each of Claridge’s, The Connaught and The Berkeley hotels. You are not permitted to use any such trade marks without our approval.