Website Terms and Conditions
SOUZU's ("SOUZU" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms and Conditions, and any other terms posted on our Site (collectively, the "T&Cs"). Please read the T&Cs carefully before placing any orders on www.souzu.co.uk as they will apply between you and us when you buy an item from the Site. We recommend you should keep a copy of the T&Cs for future reference.
By using the Site you agree to be bound by these T&Cs and any orders placed by you are bound by these T&Cs. If you do not agree to these T&Cs, please do not use the Site. Please note that these T&Cs do not affect your statutory rights as a consumer.
SOUZU is a trading name of SOUZU Limited, a company registered in England and Wales under registration number 8688419. Our registered address is 39 Gwendolen Avenue, London, SW15 6EP, UNITED KINGDOM.
We may modify the T&Cs from time to time. Please read the T&Cs and check back often. If you do not agree to any change to the T&Cs then you must immediately stop using the Site. Your continued use of the Site will constitute your acceptance of any change to the T&Cs made. 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
- Your responsibility if you break these T&Cs
- Our right to end our agreement with you
- Pricing policy
- Acceptance of your order
- Gift cards
- Promotion codes
- 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
- Entire agreement
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. During the registration process, you may be asked to choose a username and password. You are responsible for all actions taken under that username and password and must only purchase from SOUZU under your own username and password. 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.
ELIGIBILITY TO PURCHASEIn 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 (“Personal Information”). 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 SOUZU terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to SOUZU, whose applications are acceptable to SOUZU and who have authorized SOUZU 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. In addition, SOUZU reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
You warrant that all details you provide to SOUZU for the purpose of ordering or purchasing an item are true, accurate, current and complete in all respects.
By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where SOUZU 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, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
It is a crime to use a false name or a known invalid credit card to order an item from the Site. Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law. SOUZU reserves the right to track the electronic fingerprints of every order placed on the Site to enable us, and all legitimate crime prevention and prosecution authorities, to trace individuals engaging in criminal activities on or using the Site.
YOUR RESPONSIBILITY IF YOU BREAK THESE TERMS & CONDITIONS
You agree that if you break these T&Cs, or any liabilities are incurred arising out of your use of the Site, you will be responsible for the costs and expenses that we incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account and/or Personal Information unless you can prove that such use was fraudulent.
OUR RIGHT TO END OUR AGREEMENT WITH YOU
SOUZU reserves the right to end our agreement with you and to suspend or terminate your access to the Site immediately and without notice to you if:-
- You fail to make payment to us when due
- You breach any of these T&Cs
- When requested by us to do so, you fail to provide within a reasonable time frame, sufficient information to allow us to check the accuracy and validity of any information supplied by you, or your identity
- We suspect you have engaged, or are about to engage, or have been involved in fraudulent or illegal activity on the Site.
All orders are subject to acceptance and availability and items in your shopping basket are not reserved and may be purchased by other customers.
SOUZU offers products for sale that are in stock and available for dispatch from our distribution centre. However, occasionally we may be waiting for shipments from our designer suppliers. Consequently you may from time to time be given the opportunity to make a payment in advance for certain items (“ Advance Payment”) in which case you are able to order an item prior to it coming into stock (“ Advance Purchase Order”). This will ensure that you receive this item in priority once designer stock has been delivered to SOUZU. SOUZU will only take Advance Purchase Orders for stock that has been scheduled for delivery by a designer supplier. Your rights regarding Advance Purchase Orders are the same as those for any other purchase at SOUZU
Items received into stock may be pre-allocated to satisfy Advance Purchase 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 Purchase Order 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 e-mail 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 e-mail address for notification of the arrival of a specific product featured on our Site and been put on our Waiting List, we will attempt to notify you by e-mail 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.
SOUZU will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in GBP and are inclusive of VAT at the applicable rate.
All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of printing error.
Customers purchasing from a country other than the United Kingdom will incur relevant import duty and tax. These costs will be added in the final purchase price. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in Sterling, 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 e-mail acknowledging the details of your order. This e-mail 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 SOUZU will be completed when we e-mail you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English.
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 T&Cs.
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.
We accept Visa, MasterCard, American Express and Maestro, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by SOUZU. 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 authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to SOUZU, 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 "Stripe", a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered SOUZU 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, SOUZU 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 unauthorized access to any data you provide when accessing or ordering from the Site.
SOUZU GIFT VOUCHERS
SOUZU Gift Vouchers are sold subject to the following terms and conditions:
- SOUZU Gift Vouchers are valid for 12 months from date of purchase.
- SOUZU Gift Vouchers can be redeemed against all products available on the Site.
- SOUZU Gift Vouchers are non- transferable , cannot be sold or auctioned and may not be returned or redeemed for cash. Void if reproduced, altered or expired.
- If your order total is less than the value of the SOUZU Gift Voucher, the remaining balance will be credited to your account and will be redeemed against subsequent orders.
- All balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
- If you return products you have purchased using a SOUZU Gift Voucher we will issue you with a replacement SOUZU Gift Voucher with the same expiry date as your original SOUZU Gift Voucher.
- SOUZU Gift Vouchers will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
- SOUZU is not liable for delivery of a SOUZU Gift Voucher to an incorrect or non-existent e-mail address. This is the sole responsibility of the purchaser.
- SOUZU is not responsible if a SOUZU Gift Voucher is lost, stolen, destroyed or used without permission.
- SOUZU reserves the right to cancel a SOUZU Gift Voucher if we deem such action necessary.
- Promotion codes cannot be applied to the purchase of SOUZU Gift Voucher.
- Sales tax and shipping is applicable on any products purchased with a SOUZU Gift Voucher.
Promotion codes are non-transferable , are not for sale or auction and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. Promotion codes are void if altered or tampered with, reproduced or expired.
INSURANCE AND DELIVERY
SOUZU 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 SOUZU, and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. SOUZU are not responsible for any delays caused by destination customs clearance processes. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.
Unfortunately, we can not ship Jellycat products outside the UK.
RETURNS AND EXCHANGES
CANCELLING YOUR ORDER UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.
Right to Cancel under the ICACRs
You have the right to cancel your order within 14 days without giving any reason.
The cancellation period will expire 14 days from the day after the day on which you acquire (or a third party other than a carrier and indicated by you acquires) physical possession of the last of the goods.
To exercise the right to cancel, you must inform us by letter to: Notice of Contract Cancellation, Customer Care Department, Souzu, 39 Gwendolen Avenue, SW15 6EP, or by e-mail to: firstname.lastname@example.org.
We will make reimbursement without undue delay, and not later than:
(i) 14 days after the day we receive back from you any of the goods supplied; or
(ii)(if earlier) 14 days after the day you provide us with evidence that the good have been returned; or
(iii) if no goods were supplied, 14 days after the day on which we are informed about your cancellation.
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 re-imbursement.
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 order back, we may arrange to have it collected from you at your cost.
You shall return cancelled orders to: 39 Gwendolen Avenue, London, SW15 6EP without undue delay and in any event not later than 14 days from the 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 14 days has expired.
You will have to bear the cost of returning the goods.
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.
Please note you may only use your right to cancel the order under the ICACRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by e-mail or post as described above, i.e. before requesting your RMA through your SOUZU account.
Our returns policy
Items should be returned unused and with all SOUZU and brand garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
Where provided, belts and any brand packaging such as authenticity cards, dust bags, and leather tags should be included with your return.
Please e-mail email@example.com if any of your purchases have been delivered without SOUZU tags.
All shoes should be tried on a carpeted surface before wear.
Underwear & Swimwear
Briefs and swimming costumes should be tried on over underwear, without removing the protective adhesive strip. Returns may not be accepted if this strip has been removed or if items are soiled, and may be sent back to the customer.
Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.
We have made every effort to display as accurately as possible the colours of our products that appear on SOUZU. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
If you are a non-EU customer, then these legal rights do not apply to you. In the event that you do not wish to keep your order, you need to send this back to us within fourteen (14) days after the day on which you receive your order and the returns policy set out above will apply to you.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites 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 SOUZU 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 authorized by SOUZU 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. SOUZU tries to ensure that the information on this site is accurate and complete. SOUZU does not promise that the functional aspects of the Site or SOUZU’S Content will be error free or that this Site, SOUZU 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.
Opinions expressed on SOUZU are the personal opinions of the authors and do not reflect the views of SOUZU. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to SOUZU a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to 72 hrs to be displayed but SOUZU does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail firstname.lastname@example.org.
You agree that any information you submit to the Site including personal information shall not be misleading and shall be true and accurate in all respects. If you submit to the Site any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become our property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libellous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Site.
SOUZU reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libellous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses and/or to deny you further or continued use or access to the Site. This Site is available to the public, information you consider confidential should not be posted to this Site.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of SOUZU and we accept no responsibility for any such views expressed in any media.
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, 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 T&Cs, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than SOUZU, including advertisers. SOUZU has not reviewed all of the sites linked to its 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 England 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; and
- certain remedies if a product is defective.
Nothing in the T&Cs 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 the T&Cs is intended to affect your rights under the law (see "Your Rights" above).
If SOUZU breaches the T&Cs we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and SOUZU at the time of you placing your order, and SOUZU dispatching your order. We shall only be liable for losses 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 T&Cs where such failure is due to events beyond our reasonable control.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to an item ordered through the Site. This does not affect your statutory rights as a consumer.
At our request, you agree to compensate us fully, defend us, and hold us SOUZU 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 T&Cs 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 SOUZU as a result of the T&Cs 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 SOUZU, and we shall not be liable for any representation, act, or omission on your part.
If you breach the T&Cs 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 T&Cs.
The T&Cs together with all our policies and procedures will be governed by and construed in accordance to the laws of England and Wales and the relevant courts of England and Wales will have exclusive jurisdiction.
These T&Cs govern our relationship with you and any changes to these T&Cs must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what SOUZU and you are expected to do. You confirm that, in agreeing to accept these T&Cs, you have not relied on any representation except where that representation has been made a term of these T&Cs and you agree that you shall have no remedy in respect of any representation.