TERMS OF USE
1. OVERVIEW
The Terms of Use, together with the documents referred to in it, govern your access to and use of our Website. The Terms of Business govern the sale of Products to you.
Terms of Business:
Means these terms and conditions;
Product:
Means any product displayed for sale on our website, any product made to your specification or any product that we otherwise may sell to you;
Product Description:
means the information provided in relation to the individual product;
Website User:
means the user of the website;
Personal Information:
means the details provided by you on registration, when purchasing a Product or otherwise contacting us and as defined in our Privacy Notice;
Company, We, Us, Ours:
means AUGUST&PIERS Ltd (company number 12239931), a company registered in England and Wales and our registered office is at Melrose, Guildford Road, KT24 5RX, United Kingdom.
Website:
www.augustpiers.com including any subdomains thereof, and any other websites through which we make our services available to you;
Cookies:
means small text files, which our Website places on your computer’s hard drive to store information about your shopping and to identify your computer;
You:
means a user of this Website or any other person or entity that places an order;
United Kingdom:
means England, Wales, Scotland, Northern Ireland and Channel Islands;
Consumer:
you are a consumer if you purchase the Products for domestic and private use only;
Trade User:
you are a consumer if you purchase the Products for domestic and private use only;
Event Outside Our Control:
any act or event beyond our reasonable control;
Order:
your order for the Products, as set out in your basket if purchase is made on our Website, your purchase order form or your written acceptance of our quotation as the case may be;
Specification:
any specification for the Product, including any related plans and drawings, that is agreed in writing by us and you.
2. ABOUT US
The Terms of Use, together with the documents referred to in it, govern your access to and use of our Website. The Terms of Business govern the sale of Products to you.
2.1. If you have any questions about our Products or these Terms of Business please contact us before you place an order. You can get in touch by emailing our customer services to info@augustpiers.com or by calling us on any of our designated telephone numbers which are available on our Website.
3. TERMS OF USE
3.1. By accessing or using our Website you agree to be bound and comply with the Terms of Use. If you do not agree with the Terms of Use, you must not use our Website.
3.2. The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
3.3. We retain the right to temporarily or permanently, with or without notice to you, modify or withdraw the access to this Website (or any part thereof). You confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
3.4. While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website We also do not make any warranties in respect of any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
3.5. We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
3.6. We retain the right to change the Terms of Use from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions, then you must immediately stop using the Website.
3.7. To promote the Website and to increase value to our Trade Users we may display our Products on other Websites, in applications, within emails, and in online and offline advertisements. Our Website may also contain links to third party Websites and resources. Such Third-Party Services may be subject to different terms and conditions as well as different Privacy Policies. We are not liable or responsible for the contents, availability or accuracy of such Third-Party Services, or products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by us of such Third-Party Services.
3.8. Due to the nature of the internet and other external factors, we cannot guarantee the continuous accessibility and uninterrupted availability of the Website. We may also restrict availability of certain areas or features of the Website at any time. We may also change, modify, enhance, improve, restrict and introduce new services or Products from time to time or introduce other services or Products supplied by other providers.
3.9. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4. HEATHROW RESERVE & COLLECT TERMS OF SALE
A. Where there are references to "include a term" in the Mandatory Terms, this shall be interpreted as meaning the inclusion of a suitable term within the Retailer Terms and Conditions of Sale.
A.1. The collection points are located in the Airport after aviation security, which means that you must have a valid boarding card for a departing flight (or have other appropriate authority to access the airside collection points at the Airport) to be able to collect your order.
A.2. Your contract for the sale of the goods which you have purchased from the Reserve & Collect Website is with us and not with Heathrow. Heathrow is therefore not responsible for performance under our sale of goods contract.
A.3. When you place an order for goods from more than one retailer on the Reserve & Collect Website, you will have a separate contract with each such retailer.
A.4. Your use of the Heathrow Reserve & Collect Website is subject to the Heathrow Reserve & Collect Website's terms of use issued by Heathrow from time to time, which are separate to these terms of sale. If there is any conflict between the terms of use for the Heathrow Reserve & Collect Website and these terms and conditions of sale, the terms of use for the Heathrow Reserve & Collect Website shall prevail and apply.
A.5. Although you may receive an order acknowledgement email from Heathrow (on our behalf) further to making an order, this will not mean that your order has been accepted. You will receive a separate email which will clearly state when your order has been accepted by us (and any other retailers when you place an order for goods from more than one retailer on the Heathrow Reserve & Collect Website).
A.6. The contract for sale of goods between you and us will come into existence when Heathrow (on our behalf) sends you an email confirming that we have accepted your order (in full or in part), at which point payment will be taken from you.
A.7. You may receive an order cancellation email from Heathrow (on our behalf) if you place an order for goods from us and more than one other retailer on the Reserve & Collect Website, and all of the retailers which are relevant to the order (including us) are unable to fulfil your order (due to product availability or otherwise).
A.8. When your order is placed, we will place a pre-authorisation on your payment card which puts funds on hold for the total value of your order. We will not take payment from you until we have confirmed that your order can be fulfilled. If your order is cancelled or cancelled in part, we will release the hold on your payment card for the applicable amount.
A.9. Please refer tohttps://www.augustpiers.com/pages/shipping-returns for our Refunds and Returns policy.
B. MERCHANDISE DESCRIPTIONS
B.1. Please note that the price of any product listed on the Heathrow Reserve & Collect Website may be different to the price of the same product that is offered for sale in our retail outlets or offerings outside of the Airport including in other airports.
B.2. If applicable, where any products listed on the Heathrow Reserve & Collect Website are labelled as having a 'Heathrow Price', this means that the products are being sold on the Heathrow Reserve & Collect Website at a discounted price compared to the price that the products are being offered for sale at through retail outlets or offerings outside of the Airport although such prices may align with the price of the same product(s) which are offered for sale in other airports.
B.3. If any of our products listed on the Heathrow Reserve & Collect Website are labelled as 'Travel Exclusive Merchandise', this means that those products are not available to buy on our own website. If any of our products listed on the Heathrow Reserve & Collect Website are labelled as 'Heathrow Exclusive Merchandise', this means that those products are only available to buy on the Heathrow Reserve & Collect Website.
B.4. If any of our products listed on the Heathrow Reserve & Collect Website are identified as being part of a promotional offer, this means that those products are (i) subject to the terms of a promotional offer, which are made available at [insert link to Retailer’s website], and (ii) available to buy on the Heathrow Reserve & Collect Website at a further discount to the ['Heathrow Price'][recommended retail price].
C. PAYMENT, DELIVERY, PERFORMANCE AND TIMING
C.1. Where you make a purchase on the Heathrow Reserve & Collect Website and the purchase is accepted (this will be confirmed by an email sent by Heathrow on our behalf), you will be asked to collect your purchased item(s) from the Heathrow operated collection point located in your departure terminal. The location of the collection point will be confirmed by Heathrow and specified in the confirmation email (sent to you by Heathrow on our behalf) once your order has been accepted.
The Heathrow operated collection point will be open during the Airport's operational hours on your departure date. The Airport's operational hours mean the period commencing an hour before the first scheduled departing flight and ending an hour prior to the last scheduled departing flight in the relevant terminal in which the relevant collection point is located).
C.2. If you fail to collect your order, we will not forward or deliver your items to you. Your order will be held by Heathrow for up to 48 hours from your collection time. Heathrow may offer where practicable for you to cancel your order or collect your order either (i) at a different time from the same or another collection point, or (ii) through the 'Collect on Return' service from a 'Collection on Return' desk. You can contact the Heathrow Reserve and Collect Website services team if you are unable to collect your purchase on shopping.services@heathrow.com.
If you do not collect your order on your departure date and you do not inform Heathrow that you want to make alternative arrangements to collect your order (as specified above), your order will be cancelled and you will be refunded for any payments you have made.
C.3. We may decline any orders (or part of an order) as relevant, if we no longer have a right to sell the items in your order on the Heathrow Reserve & Collect Website (for any reason).
C.4. Whilst you pay us for goods, the Heathrow Reserve & Collect Website is managed by Heathrow and as such your bank account statement in relation to your payment for the goods will refer to ‘Heathrow.com’.
D. CANCELLATION, RETURNS AND THE HEATHROW PROMISE
D.1. If you require the assistance of the Heathrow customer services team in relation to the Heathrow Reserve & Collect Website, you can contact them on shopping.services@heathrow.com or by writing to them at Heathrow Airport Limited, The Compass Centre, Hounslow, Middlesex TW6 2GW.
D.2. You have legal rights if we supply faulty and/or non-compliant products. If you want to return any faulty and/or non-compliant items, you must inform Heathrow of your decision via the Heathrow Returns Promise (http://www.heathrow.com/returnspromise) and Heathrow will inform us on your behalf.
D.3. We provide an enhanced returns policy, which is facilitated by Heathrow applying the Heathrow Returns Promise (http://www.heathrow.com/returnspromise).
D.4. Once you have requested a return, Heathrow will (on our behalf) email you with instructions explaining how to return the applicable goods to Heathrow. You must return any unwanted items to Heathrow, to the address specified on the Heathrow returns label, within 14 days of you requesting your return. Heathrow will then process your return and (subject to our instruction) you will be provided with a refund.
D.5. You must contact us directly atinfo@augustpiers.com in relation to any queries you have concerning exchanges, substitution, repairs or replacements, or after sales services. Heathrow will not deal with such requests on our behalf nor shall Heathrow be liable to you for the same.
D.6. The right of cancellation does not apply to:-
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items that are made to your specifications or clearly personalised;
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items which are liable to deteriorate or expire rapidly;
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the supply of alcoholic beverages whose actual value is dependent on the fluctuations in the market which cannot be controlled by us;
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products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery (such as jewellery, underwear and swimwear), or which are, after collection by you, inseparably mixed with other items; or
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sealed headphones, audio or video recordings or of sealed software if unsealed by you after collection.
E. DATA PRIVACY
E1 We collect and process your personal data according to our data privacy policy which will be made available to you via the Heathrow Reserve & Collect Website.
F. DEFINITIONS
F.1 Heathrow Airport Limited ("Heathrow").
Heathrow Airport, London (the "Airport").
The website: https://boutique.heathrow.com, where you can purchase goods offered by us to collect at the Airport (the "Heathrow Reserve & Collect Website").
Stripe, Inc., Stripe Payments Europe, Ltd. and/or Stripe Payments UK, Ltd, who manage payments made on the Heathrow Reserve and Collect Website (the "Payment Service Provider")
