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Ben Sherman Group Limited

Ben Sherman Website Terms of Use, Privacy Policy and Acceptable Use Policy

[To view Terms and Conditions of Supply - please click here]

Terms of Use

PLEASE READ THE FOLLOWING TERMS RELATING TO YOUR USE OF THIS SITE CAREFULLY. By using this site, you are deemed to have agreed to these terms of use. We reserve the right to modify them at any time. You should check these terms of use periodically for changes. By using this site after we post any changes to these terms of use, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms of use, please do not use this site. These terms of use apply to your use of this site or other sites that we may own or operate in the future. These terms of use do not apply to your use of unaffiliated sites to which this site only provides links (except for our notice below, under the heading “Links”, in respect of use of third party websites).

Information About Us

This site is operated by Ben Sherman Group Limited (the “Company”). The Company is registered in Northern Ireland, under company number NI27297 and our registered office is situated at 20 Portadown Road, Lurgan, Co. Armagh BT66 8RE.

Our main trading address (and our contact address in relation to any queries about this site) is 2 Eyre Street Hill, Clerkenwell, London EC1R 5ET.

Our VAT registration number is GB 575 5627 06.

We are part of the Oxford Industries, Inc. group of companies (www.oxfordinc.com).

Accessing Our Site

Access to this site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on this site, or close it indefinitely, without notice (see below). We will not be liable if for any reason this site is unavailable at any time or for any period.

Also, from time to time, we may restrict access to some parts of this site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using this site, you must comply with the provisions of our acceptable use policy.

You are responsible for making all arrangements necessary for you to have access to this site. You are also responsible for ensuring that all persons who access this site through your internet connection are aware of these terms, and that they comply with them.

Restrictions on Use of Materials

The contents of this site are protected by national and international copyright and trade mark laws, and are the property of the Company and any other owners. Unless we say otherwise, you may access the materials located within this site solely for your personal use. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of this site. You may not publish, display, or commercially exploit any material from us or other owners of intellectual property displayed on the site unless you request and receive prior written permission from us or other owners of the intellectual property.

To request our permission, you may write to us at: Marketing Department, Ben Sherman Group Limited, 2 Eyre Street Hill, Clerkenwell, London EC1R 5ET.

If we or any other owners of the intellectual property grant permission, you may not change or delete any author credit, trade mark, legend or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained on this site.

Trade Marks

Links

We are not responsible for the availability of any other site to which this site links. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site and we have no control over the contents of other sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.

If you wish to link to our home page or any other part of this site, you must ask and receive our written permission first. If we give permission for you to do so, you may only link to our home page and you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Also, the website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. However, under no circumstances may you establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you.

This site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on this site other than that set out above, please address your request to Marketing Department, Ben Sherman Group Limited, 2 Eyre Street Hill, Clerkenwell. London EC1R 5ET or by email to marketing@bensherman.co.uk.

Viruses, hacking and other offences

You must not misuse this site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this site, the server(s) on which this site is stored or any server, computer or database connected to this site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities in the United Kingdom or elsewhere and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Forward-looking Statements

This site may contain forward-looking statements with respect to future anticipated future results, which are subject to risks and uncertainties that could cause actual results to differ materially from anticipated results. The risks and uncertainties include, but are not limited to, general economic and apparel business conditions, continued retailer and consumer acceptance of the Companies products, and global manufacturing costs, as well as additional risk factors disclosed in the current Form 10-K of our parent company, Oxford Industries, Inc., on file with the United States Securities and Exchange Commission. These forward-looking statements may change along with the assumptions upon which they are based. Our goals may also change and our results may be worse than any predictions we make.

Timeliness, Updates, and Corrections

We aim to update this site regularly, and may change the content at any time. However, we do not have any duty to update or correct releases, presentations or other materials on this site. This site is provided for the purpose of providing information to customers, employees, shareholders, other investors and the general public about the Company and its products and services. While we have attempted in good faith to ensure that the information presented here is accurate, there may be technical and factual inaccuracies or errors in the information presented. In particular, you should be aware that information on this site may be out-of-date.

Disclaimers

THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS". WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ANY FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS FREE, FREE FROM HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL THE COMPANY OR ITS representatives, officers, directors, and employees BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, SPECIAL OR CONSEQUENTIAL, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE).

You agree that, TO THE MAXIMUM EXTENT PERMITTED BY LAW, the Company, its representatives, officers, directors, and employees shall not be liable for any and all liabilities, claims, costs, and expenses, including legal fees, that arise from your use of the site, your posting, downloading or transmission of communications or material on this site or from your violation of applicable law.

Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Policy for further details.

Acceptable Use

When using this site, you must comply with the provisions of our acceptable use policy

Statutory Rights

Nothing in these terms and conditions or elsewhere on this site affect your statutory rights as a consumer in the United Kingdom.

Governing Law

These terms and conditions and your use of this site will be governed by and construed in accordance with the laws of England. Except as provided in the Injunctive Relief section, any action related to or arising out of these terms will be filed only in the English courts and you consent to the exclusive jurisdiction of the English courts.

Injunctive Relief

In the event you breach or threaten breach of these terms and conditions, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision to determine whether we will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief either in law or at equity.

Tunetribe.com Music Downloads Promotion ("Terms")

The Tune Tribe music downloads promotion (the “Promotion”) is open to residents of the United Kingdom and Republic of Ireland who are 18+ years old.
The Promotion is being conducted by Ben Sherman Group Limited of 2 Eyre Street Hill, London EC1R 5 ET (“BSG”). The Promotion is not open to BSG employees or agencies of BSG, its group companies, licensees, their family members or anyone else connected to the Promotion.
The Promotion consist of 20,000 music album download files (each a “Music Download”) which are allocated on a first come, first served basis. The Promotion is available only in respect of purchases of Ben Sherman-branded product, with a minimum spend per transaction of GBP 10, in each case from: (i) our UK retail stores; (ii) our UK outlet stores; (iii) our online shop at bensherman.com (the “Ben Sherman Website”); and (iv) our concessions in UK House of Fraser stores (a “Transaction”).
Each Transaction will be allocated one Music Download via a promotion code (“Code”). In the case of (i), (ii) and (iv) above the Code will be handed to the purchaser on a printed card at the point at which the Transaction is successfully concluded. In the case of (iii) above, the printed card bearing the Code will be delivered to the purchaser of goods at the time of their delivery.
The Music Download is available only from the selected album titles available on the www.tunetribe.com website (the “Tune Tribe Website”) as part of the Promotion. By entering the Code on the Tune Tribe Website you are deemed to have read, understood and accepted these terms and conditions, the BSG privacy policy on the Ben Sherman Website, which governs the way that we use your personal data. You will also be subject to the terms and conditions and privacy policy on the Tune Tribe Website: http://www.tunetribe.com/info/termsandconditions/index.html
Codes will be allocated in respect of Transactions made from midnight 01 March 2010 until 23:59 31 March 2010. No Codes will be allocated after this time. Codes must be used on tunetribe.com by 23:59 30 April 2010 after which time they will expire and cannot be used.
Only one Code will be allocated per Transaction. The Code may be used only by its recipient. No Code may be shared, duplicated, published, or copied, whether in whole or in part and whether directly, indirectly, permanently or temporarily. No more than three Codes per person.
No responsibility is accepted by BSG in respect of Codes that are incomplete, or which otherwise do not function or enable a Music Download to be downloaded for whatever reason.
To use the Code, the recipient of the Code will need to first set up an account on the Tune Tribe website.
It is the recipient’s responsibility to ensure that the Music Download is compatible with the computer, machine, network or other device onto which the Music Download will be downloaded, stored and/or played.
BSG accepts no responsibility and disclaims any liability (other than that set out below) for any and all damage, loss, liabilities, injury or disappointment incurred or suffered as a result of use of the Code. BSG further disclaims liability for any injury or damage to the winner’s or any other computer hardware or software relating to or as a result of participation in the Promotion. Nothing in these terms shall exclude the liability of BSG for death or for personal injury suffered as a result of BSG’s negligence.
BSG reserves the right at any time and from time to time, to modify, change or discontinue the Promotion, in each case whether temporarily or permanently, in whole or in part, without notice. No correspondence will be entered into. There is no cash alternative to the Music Download whether in whole or in part. Codes remain the property of BSG which may only be used only in accordance with these terms.
These terms are made according to the laws of England and Wales and any disputes arising from them or in connection with them will be determined in the exclusive jurisdiction of the Courts of England and Wales.

The Way Studio Recording Session Competition

The Way Studio Recording Session competition (the “Competition”) is open to residents of the United Kingdom who are 18+ years old.
The Competition is being conducted by Ben Sherman Group Limited of 2 Eyre Street Hill, London EC1R 5 ET (“Ben Sherman”). The Competition is not open to Ben Sherman employees or agencies of Ben Sherman, its group companies, licensees, their family members or anyone else connected to the Competition.

Entry to the Way Studio Recording Session requires you to sign up to the Ben Sherman mailing list. By entering the Competition you are deemed to have read, understood and accepted these terms and conditions and also the Ben Sherman privacy policy which governs the way in which Ben Sherman will use your personal data given to Ben Sherman as part of the Competition entry. Click here to read our Privacy Policy. If you are selected as the winner your name, email address and contact phone number will be shared with BGS Holdings Limited T/A Tune Tribe 50 - 52 Paul Street London EC2A 4LB (“Tune Tribe”) solely for the purposes of contacting you to organise your prize
Only one entry per person. Spam and any email(s) sent via bulk/mass automatic emailer will be null and void.
The Competition runs from midnight on 01 March 2009 until 23:59 on 31 March 2009. Entries received before or after these dates will not be entered into the Competition.
The winner will be selected by means of a draw. The draw will be conducted within 10 days of the closing date and will be entirely at random. Ben Sherman’s decision in relation to the draw is final and no correspondence will be entered into.
The winner will be notified by email and must claim the prize within four (4) days of the date of notification, to be eligible for the prize. Failure to claim the prize within that time will mean that the winner will forfeit the prize and the draw will be conducted again.
No responsibility is accepted by Ben Sherman in respect of entries or notifications that are incomplete, delayed, wrongly addressed, wrongly delivered or which in the case of entries are not received by Ben Sherman for whatever reason or, in the case of notifications, are not received by you for whatever reason. Entries which do not comply with these terms and conditions are null and void.
The prize consists of a recording session of not more than four (4) hours at the Way Studio 21 London Lane, London E8 3PR for up to 4 people (the “Recording Session”). Tune Tribe will offer the winner three dates one of which must be selected as the date for the Recording Session. If none of those dates is acceptable to the winner, Tune Tribe will use reasonable endeavours to accommodate reasonable requests of the winner but in the event that no alternative date may be sought, the winner shall forfeit the prize and Ben Sherman reserves the right to offer it to another winner in accordance with these terms and conditions.
It is the winner’s responsibility to make sure that (s)he, and her/his three (3) companions can attend the Recording Session on the date in question. It is also the responsibility of the winner and the winner’s companions to organise their transport to and from the Recording Session.
A drum kit will be provided for the duration of the Recording Session. The winner and the winner’s companions must bring all instruments other than a drum kit, or a backing track that they wish to use for the Recording Session. If the winner/the winner’s companions bring a backing track, they must ensure that they have cleared any and all rights (including without limitation all right title and interest in and to a backing track) for use in the Recording and in the Footage.
A music producer will be available for the duration of the Recording Session. The producer will be responsible only for the technical quality of the recording at the Recording Session. S/he will use reasonable endeavours in so producing the recording but shall in no way be responsible whatsoever for the nature and quality of the performance of the winner and the winner’s companions during the Recording Session.
The master recording of the Recording Sessions (the “Master”) will be provided to the winner on completion of the Recording Session. All right (including without limitation all intellectual property rights) title and interest in and to the Master shall pass to the winner and winner’s companions absolutely upon delivery to the winner of the Master.
The Recording Session will be filmed. By accepting the prize, the winner and the winner’s companion consent to their being filmed before, during and after the Recording Session in connection with the same (the “Footage”). All right title and interest in and to the Footage shall vest absolutely in the winner and winner’s companions, SAVE THAT Ben Sherman reserves the right to display the Footage, in whole or in part, in any all media, globally, for all time. The winner and winner’s companions shall execute a release form to this effect prior to the commencement of the Recording Session.
The prize is being organised by tune tribe who will liaise with the winner to organise the prize.
There is no cash alternative to the prize whether in whole or in part. No correspondence will be entered into regarding the value of the prize.
It is the winner’s responsibility to make sure that the winner and winner’s companions read, understand and accept the Way Studios terms and conditions prior to commencing the Recording Session, and that they abide by all rules and regulations set down by Way Studio for the Recording Session.
Ben Sherman accepts no responsibility and disclaims any liability (other than that set out below) for any and all damage, loss, liabilities, injury or disappointment incurred or suffered by the winner or any or all of the winner’s companions as a result of the winner entering the Competition or of the winner accepting the prize and the winner and the winner’s companions attending the Festival. Ben Sherman further disclaims liability for any injury or damage to the winner’s or any other computer hardware or software relating to or as a result of participation in the Competition. Nothing in these terms shall exclude the liability of Ben Sherman for death or for personal injury suffered as a result of Ben Sherman’s negligence.
Ben Sherman reserves the right at any time and from time to time, to modify or discontinue the Competition, in each case whether temporarily or permanently, without notice.
These terms and conditions are made according to the laws of England and Wales and any disputes arising from them or in connection with them will be determined in the exclusive jurisdiction of the Courts of England and Wales.

Thank you for visiting the Ben Sherman website.