At Berleigh, we are committed to protecting the privacy and security of our customers and site visitors, including you. Berleigh team members are customers themselves, both of Berleigh and other Internet sites. We therefore fully appreciate and respect the importance of data privacy and security on the Internet.
We believe you should feel both informed and empowered when it comes to our handling and usage of your information. This notice therefore explains:
- What information we collect when you’re using this website, or when you’re communicating with us;
- Why we collect that information;
- How we may then use that information;
- How we share that information;
- How long we keep your information, and how we protect it whilst we have it;
- What we won’t do with your information; and
- What choice and options you have to control your information.
So you only need to look in one place to find out all you need to know. That includes the berleigh.com.
Because we’re an online fashion destination, the wording does have to get a little technical at times. But we’ve done our best to try to explain things as clearly as we can. We’re unlikely to have done this perfectly though, so we’re always happy to take any questions, comments or suggestions relating to this notice. Just contact our Customer Care team if you’d like to discuss this with us or just send an email to email@example.com.
Our over-arching data principles
Everything we do relating to your information is covered by the following over-arching data principles:
- Your information belongs to you, not us – you should be able to control it, and you should know about, and be comfortable with, everything that we do with your information;
- We will only collect, keep, use and share your information either (a) for genuine business purposes that we’ve explained clearly to you and that you haven’t objected to, or (b) where we’re legally required to do so – and as soon as those purposes have been fully achieved, we will delete your information;
- We will be as clear and open as we can with you on what information we collect, why we collect it and how we use it, so you are informed and able to make decisions to control your information in the ways you’re comfortable with;
- As long as we have your information, we will keep it up to date and protect it as if it was our own sensitive information, using appropriate security safeguards, having kept on top of and appropriately taken into account the latest industry standards and best practice.
How do we collect information about you?
In any interaction you may have with Berleigh, we collect information in three possible ways:
- When you directly give it to us (“Directly Provided Data”)
When you sign up for our site, or any time you visit Berleigh, or purchase our products, or communicate with us, you may choose to voluntarily give us certain information – for example, by filling in text boxes, or clicking on active buttons on our side, like ‘Add to Bag’. All this information requires a direct action by you at that time in order for us to receive it.
- When our systems collect information or data as you use our websites (“System Collected Data”)
These days, whenever you use a website, app, or other Internet service, there’s certain information that gets created and recorded automatically by the IT systems necessary to operate that site, app or service. The same is true when you use our websites and services. For example:
(b) In addition, the type of device you’re using to access Berleigh and the settings on that device may provide us with information about your device, including what type of device it is, what specific device you have, what operating system you’re using, what your device settings are, and why a crash has happened. What information we can be provided with depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or an Android phone. Your device manufacturer or operating system provider will have more details about what information your device makes available to us.
What information do we collect about you, why do we collect it and what do we do with it?
We need to answer this question first at the headline level, before looking at specifics.
At the headline level, we collect two types of information:
- “Personally identifiable” information (meaning it can be used to specifically identify you); or
- “Non-personally identifiable” information (meaning it relates to you but can’t be used to specifically identify you i.e. anonymous data like your unique Berleigh customer number).
When explaining the specific information we collect about you, we will endeavour to confirm which is “personally identifiable” and which is “non-personally identifiable” on the other.
The easiest way to explain the specific information we collect about you is to look at every different point of interaction you may have with Berleigh, as we collect different information at different points in your user or customer journey with Berleigh. These interaction points include the following:
- Browsing our site;
- Saving an item;
- Registering on Berleigh;
- Logging into Berleigh once registered;
- Making a purchase from Berleigh (i.e. adding to bag, checking out and completing a purchase);
- Contacting Berleigh Customer Care, either about an order or for any other reason;
- Using Berleigh social media channels;
- Clicking on Berleigh banners, hyperlinks or plugins.
Set out below is an explanation of what information we collect at each of these interaction points, along with confirmation of (a) whether you directly give it to us, or we collect it with your permission, or whether it is collected by our technical systems; and (b) whether it is “personally identifiable” information or “non-personally identifiable” information:
- The IP address of the computer or the proxy server that you use to access Berleigh – this is personally identifiable information;
- The type of device used to access our Services, your computer operating system details and settings, your type of web browser and your settings for that browser, the name of your ISP, (if you are accessing Berleigh using a mobile device) your mobile device, your mobile operating system, your mobile device identifier provided by your mobile device operating system, and location data (if you have that functionality set up) and other general device or systems information – this is non-personally identifiable information;
- Statistical information and log data about number of visits to certain pages on the site (e.g. the home page); the pages you viewed and activities you carried out during your visit; the date and time of your visit; the duration of an individual page view, the paths taken by visitors through the site – this is also non-personally identifiable information.
- If you are logged in on Berleigh when browsing, a cookie on your device will also identify you, and record and associate all of this non-personally identifiable usage information and log data with your account.
- If you are logged in on Berleigh or log in during that same visit, the non-personally identifiable information relating to that saved item will be associated with your account, so that it is then displayed in your ‘Saved Items’ list for the next 30 days or until you remove it from your ‘Saved Items’ list (if earlier).
- Registering on Berleigh: In order to place an order with Berleigh, you need to create an account with us and become a registered user. It is not possible to place an order without being logged in on Berleigh. To create an account and register with us, you need to provide us with at least the following Directly Provided Data, all of which will be personally identifiable information:
- Your name;
- Your email address;
- A password;
- Your email address
- Your mobile phone number
- After you create an account and register with us, you can then choose to provide further information about yourself during the registration process (for example, your gender and location). We also provide the option to register for a separate Berleigh Marketplace account, for which you must provide us with at least your name, email address and/or mobile number, and a password. Any further information you provide to us at this stage will also Directly Provided Data, all of which will be personally identifiable information.
- When you create an account and register with us, Berleigh will keep that Directly Provided Data for as long as you are registered with us, so that we can then use it to identify you by your Berleigh profile, to operate all the systems (such as delivery systems) to enable you to place an order to purchase products from Berleigh, and to offer you a personalized, relevant experience on Berleigh.
- Logging into Berleigh: Once registered, if you wish to log in, you will need to input your email address and password again, which is Directly Provided Data and personally identifiable information. This will be matched to the up-to-date Directly Provided Data of the same type associated with your account to confirm your identity, and to enable you to place an order to purchase products from Berleigh.
- Purchasing from Berleigh: To purchase products from Berleigh, you will need to do the following:
- Click the relevant button on the site to add the product(s) to your bag – at which point our systems will collect this Directly Provided Data relating to the identity, size and other product attributes of the item(s) you’ve added, so the item(s) can then be displayed in your ‘Bag’ until the end of that visit. This is non-personally identifiable information;
- Be logged in;
- Select certain options relating to the delivery of the products you wish to order – our systems will collect this Directly Provided Data relating to your delivery selections in order to be able to fulfil and deliver your products to you by your required delivery method, should you complete your order. This is non-personally identifiable information;
- Input certain details relating to your credit card, or log-in details for certain other payment systems, such as Net Banking. This Directly Provided Data will be collected by our systems, so we can take the required payment for the products you wish to purchase, should you complete your order. These details are personally identifiable information.
- To complete your order, you finally need to click the relevant button to ‘Place Order’. When we have this Directly Provided Data, we will record the full details of the completed order in our systems for as long as you are registered with us, so we can (a) fulfil and deliver your order, (b) add it to your order history and have a record of your purchases in order to deal with any queries you may have or process any returns you may wish to make, and (c) include it within the financial records of our business transactions. This is all personally identifiable information provided by you.
- Contacting Berleigh Customer Care: If you contact our customer care department for any reason, irrespective of which of the available communication channels you use to contact us, we will record the contact and collect all applicable information relating to the contact. Details of the contact with you will be both Directly Provided Data and personally identifiable information, which we will then:
- Keep and use to help us categorise your specific question or contact, respond to it, and, if applicable, investigate, deal with and resolve any issue or incident, and
- Keep for so long as you are registered with us so we have a history of all of our communications with you, any issues you may have had with us, and what we did to resolve those issues or incidents, which we can then use to ensure that we deal with any further contacts appropriately.
- Using or interacting with Berleigh social media channels: When you use or interact with any of our social media channels (like Facebook and Twitter), we may collect, record and retain certain System Collected Data and User Authorised Data regarding your activities on those social media channels, such as the frequency of your visits. For example, if you choose to use the Facebook “like” button to indicate you like any of our pages, or if you tag any of your social media contacts or link to them in any content you post, we will record this information. This is most like to be non-personally identifiable information but may also include personally identifiable information depending upon your settings with those channels.
- Any content you put or add on any of our social media channels will be Directly Provided Data, which may be personally identifiable information depending upon the content. We will collect, record and use that content and any other information you provide when putting or adding it to any of our social media channels (including any information that you have permitted those social media channels to share with us or that is allowed by your user settings on those sites).
- Finally, any additional information about you that you need to provide when you use a particular social media channel or app will be explained in the terms and conditions for that app.
- Clicking on Berleigh emails, banners, hyperlinks or plugins: If you view or click on emails that we have sent you, or on banners, hyperlinks or plugins we have placed on our website or other websites, both the fact that you have done so, as well as the address of the site you were on when you did so, will be Directly Provided Data that we will record. This is all non-personally identifiable information. We will use this information to track and analyse how successful those emails, banners, hyperlinks or plugins are in engaging with you. We are constantly innovating to improve Berleigh and the Services, which means we may create new ways to collect information from you. If we do, we’ll tell you about any new information we are collecting through updates to this notice.
How may we use your information?
We collect all of this information from you for a number of different purposes, which we want you to understand – all of these purposes apply wherever Berleigh does business, including countries outside your own. A number of specific uses for specific data is already detailed above. But we often need to use lots of different types of information or data collectively in order for Berleigh to work and in order to be able to provide the services to you. These more fundamental purposes include the collective use of your information:
- To ensure that our site’s content is presented as effectively as possible for you, and to enable you to participate in interactive features of our site, when you choose to do so – for example by providing you with more customised services and a more customised experience on Berleigh through things like country-specific profile pages, updates, and content, news, style advice and/or recommendations relevant to you to customise your experience on Berleigh
- To set up, and manage your account, so you can place orders, so we can provide our products and services to you, so we can make sure that the items you order get to you (and get there on time!), so we can communicate with you about your orders and your account, so we can track potential problems and trends, and customise our support responses to better serve you – basically, this relates to the nuts and bolts of our online retail business. It’s everything involved in putting the products on the website, so you can browse them and then order them, and so we can then deliver them to you and answer any questions or queries you may have. These are all the things that make Berleigh tick – and that get you looking good in your choice of our products!
- To ensure that our users are genuine and to ensure that we are paid for goods that we despatch – for example, by using personal information, or disclosing that personal information to a credit reference or fraud prevention agency, in order to confirm your identity and conduct appropriate anti-fraud checks. Any such credit reference or fraud prevention agency may keep a record of that information but please note that a formal credit check is not performed and your credit rating will not be affected.
- To update you on our latest products, news and special offers – If you have registered with us or provided us with your email address and elected to receive marketing communications from us, we will occasionally update you on our latest products, news and special offers via e-mail, post, telephone and other means available through the Services, including mobile text messages and push notifications. You will also be given the opportunity to receive such communications from us and selected third parties. This includes if you choose to use the Facebook “like” button to indicate you like any of our pages or apps. Examples of these communications include: (1) welcome and engagement communications – informing you about how to best use Berleigh, new features etc.; (2) service communications on things like service availability, security, and other issues about the functioning of Berleigh; (3) promotional communications, including details of our latest sale or promotion. These messages will be sent to you based on your profile information and messaging preferences as selected by you in relation to your account. Please keep your settings up to date or contact our Customer Care team if you wish to change any of these preferences, including unsubscribing from our mailing list.
- To target Berleigh banners and ads to you when you’re on certain other websites (what’s called Digital Marketing Re-targeting) – we do this using a variety of digital marketing networks and ad exchanges, and advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers, and the banners and ads you will see will be based on your previous use of Berleigh (for example, your Berleigh search history, the content you read on Berleigh, etc.) or on Berleigh banners or ads you’ve previously clicked on.
- To carry out polls, surveys, analysis and research on how our site is being used, customer views, what we could do better etc, – these polls, surveys, analysis and research may be conducted by Berleigh, or third parties. Berleigh or those third parties may follow up with you via email regarding your participation unless you have opted out of receiving email messages. We may use third parties to deliver incentives to you to participate in polls, surveys, analysis or research, and verifying your contact information, which may require your contact information and other personally identifiable information to be provided to the third party fulfilling the incentive offer.
- To make Berleigh’s products and services better and to develop new ones – Berleigh uses and stores site statistical information and log data, to help it identify potential areas to improve the services we offer.
How do we share the information we collect?
We are aware that it is Berleigh that you are trusting with your information, not some other company. But, to be able to carry out our business, we do need to work with a number of third parties who are experts in their particular fields – after all, we’re good at what we do, but we’re not good at everything! We are very careful who we share your information with, but it is important that you understand when that sharing takes place and why, and that’s what this section explains. The limited instances where we may share your information include:
- We share your information internally within the Berleigh Group when required for our business to function: Like any big global business, Berleigh is not just a single company, but instead is a group, made up of a number of different company and entities in different parts of the world. We may therefore need to disclose your information (including your personally identifiable information) to any of our group of companies as necessary, in order to operate Berleigh and to provide the Services. As they are all part of the Berleigh Group, the requirements set out in this notice apply to all of these companies, as equally as they do to HeelandBuckle.com Limited
- We share your information externally with our core service providers when required for our business to function: Also like any big global business, Berleigh relies on a number of external companies to provide it with key services, products and applications in order to be able to provide the Services. These include for example companies who help us pick and pack orders, make deliveries, support our customers, carry out fraud protection and credit risk reduction checks, support our IT systems, help keep us secure, enable our marketing, audit whether we’re doing what we’re supposed to be doing, or make sure we’re keeping the books right. We just can’t do everything ourselves, after all, and working with experts in various fields enables us to improve our services for you in the quickest, most efficient way.
- Each of the external companies we work with has been selected by us for their ability to provide what we need to our required specification, including their ability to handle sensitive data (like your personal information) securely and appropriately. Each of these external companies has a contract with us, which clearly sets out our expectations and requirements in handling any of your information, and holds them fully responsible for meeting those expectations and requirements. On that basis and only on that basis, we may therefore disclose your personal information (including your personally identifiable information) to such third parties who need to be given specific tailored access to your information to facilitate our services by performing key tasks on our behalf, and who are obligated to only use it in line with our instructions, and not to disclose or use it for other purposes. We are confident that we can trust those third party service providers with your information.
- We share your information when we’re required to comply with a legal request: To do business in all the countries that we do, Berleigh is required to liaise with a number of regulators and other law enforcement agencies in each of those countries. Whilst it doesn’t happen often, some of those regulators or agencies may legally require us to share your information with them, under law, under a court order or subpoena, or as a result of some other legal process. If we do come under a legal or regulatory duty to disclose or share your personal data in order to comply with any legal obligation, we will have to share your information (including your personally identifiable information) if we believe that disclosure is reasonably necessary to comply. Having said that, we may dispute such demands when we believe, in our discretion, that the requests are over board, vague or lack proper authority. We will also attempt to notify you about legal demands for your personally identifiable information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency.
- We share your information where we believe it’s reasonably necessary to protect Berleigh or our customers: Sadly, Berleigh (like many other companies) can be the subject of attempted fraudulent or criminal activities, which does sometimes require us to take certain steps to protect both our business and our customers. We may therefore disclose your information (including your personally identifiable information) if we have a good faith belief that disclosure is reasonably necessary to (1) detect, investigate, prevent, take action regarding or otherwise address suspected or actual illegal activities, fraud, security or technical issues or to assist government enforcement agencies; (2) enforce or apply our terms and conditions of usage; (3) investigate and defend ourselves against any third-party claims or allegations; (4) protect the security or integrity of our service; or (5) to exercise or protect the rights, property, or safety of Berleigh, our customers, or others.
- We share your information externally with other partners when we have your consent to do so: Berleigh works with a number of other partners who, whilst not essential for our business to operate, do enhance your experience with Berleigh and your usage of the services, in our opinion. This includes our marketing partners and social media partners (like Facebook or Twitter, if you’ve chosen to link your Berleigh account to those services or publish your activity on Berleigh to them) as well as third parties to deliver incentives to you to participate in competitions, offers, polls, surveys, analysis or research. We only believe in partnering with companies that we believe are right for Berleigh and its customers, and that enhance our Services. On that basis and only on that basis, we may therefore disclose your personal information (including your personally identifiable information) to such third parties who are obligated to Berleigh only use it in line with our instructions, and not to disclose or use it for other purposes. We are confident that we can trust those third party service providers with your information. But, as we know that people can feel strongly about their information being shared with companies when it is not essential to do, we will only do so where you have given us your consent to do that. And if you change your mind at any time, we’ll stop that sharing as soon as we can. More details on how to do that are set out below.
- We may share your information externally if we are considering a corporate transaction: We are always looking at ways to make our corporate group stronger and more effective. As a result, we may sometime consider certain corporate transactions, such as a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding. If we were to consider such a transaction, that may involve the transfer of your information (including your personally identifiable information) solely for the purposes of enabling that transaction or proceeding to be assessed. In the event that Berleigh sells or buys any business or assets, or if Berleigh or substantially all of its assets are acquired by a third party, your personal data which we hold about our customers may be one of the transferred assets.
- We may share aggregated non-personally identifiable information externally: We do also share certain information which, whilst not personally identifiable information relating to you, does include information that relates to your usage of our products, sites and services, aggregated together with the same information from other users for example. Even though this would not include your personally identifiable information, we nonetheless want you to be able to understand that level of sharing as well. This sharing therefore happens for reasons such as these:
- We may provide reports containing aggregated information about your activities on various pages on our websites, or what are called ‘impressions’, to companies hosting Berleigh plugins and similar technologies to help them measure Berleigh-generated traffic to their websites.
- We may disclose aggregate, anonymised statistics about the number of visitors to this site or the number of purchases made as required by our investors.
How we DON’T use your information
WE WILL NOT sell your information without your consent: We will not sell your personally identifiable information – including your name, address, e-mail address, or credit card information – to any third party. We believe this is absolutely essential to receive and repay your trust in us.
WE WILL NOT share your information with third-party advertiser or ad networks: We do not currently display third party adverts on our website and, even if we did, we would not support sharing your personally identifiable information with any third-party advertiser or ad network.
How long do we keep your information for?
In the explanations above, we have tried to be as specific as we can about how long we keep your information for. But in general we retain the information you provide either while your account is in existence, or as needed to be able to provide the services to you, or (in the case of any contact you may have with our Customer Care team) for as long as is necessary to provide support-related reporting and trend analysis only.
If legally required or if it is reasonably necessary to meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our Terms and Conditions, we may also retain some of your information for a limited period of time as required, even after you have closed your account or it is no longer needed to provide the services to you.
YOUR OPTIONS AND CHOICES
We want you to have simple and meaningful choices over your information. While we work hard behind the scenes to protect you and your data at all times, we’re also committed to providing you with tools to further manage the privacy and security of your information yourself.
With respect to the information relating to you that ends up in our possession, and recognising that it is your choice to provide us with your personally identifiable information, we commit to giving you the ability to do all of the following:
- You can verify the details you have submitted to Berleigh by contacting our Customer Care team, or via the e-mail address or address given below. Our security procedures mean that we may request proof of identity before we reveal information, including your e-mail address and possibly your address.
- You can also contact us by the same method to change, correct, or delete your personal information controlled by Berleigh regarding your profile at any time. Please note though that, if you have shared any information with others through the Berleigh Social Media channels for example, that information may remain visible, even after you have deleted the information from your own account.
- You can withdraw or modify your consent to Berleigh collection and processing of the information you provide at any time. You can do this by changing your account settings. You can access ‘Your Account’ by logging in.
- You can link or unlink your Berleigh account from an account on another service (e.g., Facebook or Twitter), also by changing your account settings.
- You can close your account, also through our account settings. If you close your account(s), we’ll deactivate it and will generally delete closed account information within 30 days of account closure, except as set out in this notice. However, we may retain archived copies of your information as required by law or for legitimate business purposes (including to help address fraud and spam). Please note though that, if you have shared any information with others through the Berleigh Social Media channels for example, that information may remain visible, even after you have closed your account.
- You can opt-out of receiving marketing communications from us at any time. This can be done through your account settings, by clicking on the “unsubscribe” link in any email communications which we might send you, or by contacting our Customer Care team. Once you do this, we will update your profile to ensure that you don’t receive further emails. Please note that this might take a few days for all our systems to have updated with that fact, and that you might receive a small number of emails from us while we process your request.
- At any time, you can request a copy of the personal data we hold on our systems about you. If you wish to do so, please contact our Customer Care team who will be able to assist you with your query. We won’t charge you anything for this, but we might need to ask some further questions to confirm your identity before we provide any information.
You may also have choices available to you through the device or software you use to access Berleigh. For example, the browser you use may provide you with the ability to control cookies or other types of local data storage, or your mobile device may provide you with choices around how and whether location or other data is shared with us. [In particular, if online adverts are not to your liking, we would encourage you to find out more about the Do Not Track browser setting.] To learn more about these choices, please refer to your device or software provider.
PROTECTING YOUR SECURITY
We are always striving to make sure your information is protected. As soon as we receive your information, we use various security features and procedures, taking into account industry standards, to try to protect the personal information that you provide and to prevent unauthorised access to that information. For example:
- We also offer secure “https” access to the transactional parts of berleigh.com website (that is to the bits where you are required to provide Directly Provided Data). [This includes to existing SSL access over mobile devices].
- Access to your data on Berleigh is password-protected, and sensitive data (such as credit card information) is protected by SSL encryption when it is exchanged between your web browser and the Berleigh Services. To further secure your credit card, we also don’t keep details of the security code (or CCV number) that you need to input in order to complete an order using your credit card.
- To protect any data you store on our servers, we regularly monitor our system for possible vulnerabilities and attacks, as well as carrying out penetration testing of our own on those systems to try to identify possible improvements. We also use a tier-one secured-access data center.
We will do our best to protect your personal data. Unfortunately, security cannot be guaranteed though. There are therefore a number of general things we would also recommend that you do. Please help keep your account safe by using a strong password that includes characters other than just letters. We will also encourage you not to use the same password across all or many of your online accounts. As emails, instant messaging, and similar means of communication are not encrypted, we also would recommend not communicating any confidential information through these means.
CHANGES TO THE POLICY
This page was last updated on 1 June 2016.
- Before we can dispatch your purchases, we may need to confirm your details with your card issuer. We will do our best to keep delays to a minimum
- Our delivery time starts from the moment an order is accepted and includes a 24 hour period where your items will be processed and dispatched by our warehouse. Please note this can take longer during our sale periods when it may take up to 48 hours for shipments to be dispatched
- We work closely with our shipping partner to minimize the potential impact of custom delays on our international customers
TERMS & CONDITIONS
Berleigh is a trading name of Heel & Buckle Luxury Private Limited, a company registered in 2016. Our registered address is B-272, Ground Floor, Greater Kailash, Part-1, New Delhi, South Delhi, Delhi, India, 110048. Our GST number is 27AADCH9843A1ZN. If you have any comments about Berleigh, you can email us at firstname.lastname@example.org.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
- Eligibility to purchase
- Pricing policy
- Sale price adjustment policy
- Acceptance of your order
- Insurance and delivery
- Returns and exchanges
- Intellectual property rights
- No commercial use
- Your activity
- Third party sites
- Your rights
- Limits on our liability
- Our relationship
- No waiver
- Governing law
- Global Treasure Hunt Giveaway Rules
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address email@example.com. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify Berleigh immediately of any breach of security or unauthorised use of your account.
To contact you via email & text message, to deliver information about the brand, new arrivals & promotions
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the Berleigh terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Berleigh, whose applications are acceptable to Berleigh and who have authorised Berleigh to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Berleigh reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where Berleigh feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
Berleigh offers products for sale that are in stock and available for dispatch from our distribution center. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once the stock is ready to be dispatched from Berleigh. Berleigh will only take Advance Purchase orders for stock that has been scheduled for delivery. Your rights regarding Advance Purchase are the same as those for any other purchase at Berleigh. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
Berleigh will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in INR and are inclusive of taxes at the applicable rate.
All prices and offers remain valid as advertised from time to time. The INR price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.
Product prices are set at the beginning of each season. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
If you are a customer whose credit/debit card is not denominated in INR, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and Berleigh will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Mumbai, India and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Berleigh.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
Payment can be made by Visa, MasterCard, American Express card, Net Banking and any other methods which may be clearly advertised on the Site from time to time. Once this transaction is complete, you will then return to www.berleigh.com. Payment will be debited and cleared from your account as soon as the order has been placed. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Berleigh, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using CCAvenue, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Berleigh user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple, and secure, Berleigh uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
INSURANCE AND DELIVERY
You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.
Berleigh insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Berleigh, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
Please note that we aim to dispatch all orders within 24 to 48 hours. Delivery times appearing on the Site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 7 calendar days of the day on which we accept your order. Berleigh is not responsible for any delays caused by destination customs clearance processes. If delivery is delayed by any event outside of our control, 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 we will give you a refund for any goods you have paid for but not received.
RETURNS AND EXCHANGES
CANCELLING YOUR ORDER UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
You have the right to cancel your order with us provided you give us written notice.
RIGHT TO CANCEL
You have the right to cancel your order within 2 days without giving any reason.
To exercise the right to cancel, you must inform us by email to: firstname.lastname@example.org.
For orders cancelled, we will issue you with a full refund. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make reimbursement without undue delay, and not later than 10 days after the day we receive back from you any of the goods supplied; or
We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the cancelled goods back, we may arrange to have them collected from you at your cost.
You shall return cancelled orders to: Berleigh, Ground Floor, ReadyMoney Mansion, Veer Nariman Road, Fort, Mumbai – 400001, without undue delay and in any event not later than 30 days from day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 30 days has expired.
You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.
Items should be returned unused and with all Berleigh product tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.
Where provided, shoes and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return.
Please email email@example.com if any of your purchases have been delivered without Berleigh tags.
All shoes should be tried on a carpeted surface before wear.
Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty. If your item is faulty when you receive it, you can return it for a refund.
If you would like to exchange a faulty item instead of obtaining a refund, please inform the customer care about the same and they will assist you.
We have made every effort to display as accurately as possible the colours of our products that appear on Berleigh. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.
We offer a flexible returns policy to make your online shopping experience even easier. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if goods are returned repeatedly.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Berleigh Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Berleigh and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Berleigh tries to ensure that the information on this site is accurate and complete. Berleigh does not promise that Berleigh’s Content is accurate or error-free. Berleigh does not promise that the functional aspects of the Site or Berleigh’s Content will be error free or that this Site, Berleigh Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
We may include hyperlinks on this Site to other websites or resources operated by parties other than Berleigh, including advertisers. Berleigh has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law. In India these include:
- That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
- Certain remedies if a product is defective; and
- A right to cancel any order for a product within 30 days after the date of receipt of the product, and receive a full refund even if it is not defective
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in this Agreement is intended to affect your rights under the law (see “Your Rights” above).
If Berleigh fail to comply with the TOS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and Berleigh knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 150% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us Berleigh harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Berleigh as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Berleigh, and we shall not be liable for any representation, act, or omission on your part.
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant Indian law and the relevant courts of India will have exclusive jurisdiction.