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Terms and Conditions

General Terms And Conditions

Information About Us

Availability of Website

 

General Terms And Conditions

By using the Website, you are deemed to have full knowledge of these terms and conditions and agree to be bound by them.  If you do not agree to be bound by these terms and conditions, you are not permitted to, and agree not to, use or access this Website.

We reserve the right to update and amend these terms and conditions from time to time and we suggest you check our Website regularly for any changes to our terms and conditions.  It is your responsibility to check for any changes and amendments and such changes and amendments shall apply with effect from the date that that we make such changes and amendments. 

Please read these terms and conditions carefully before you submit your order to us.  These terms and conditions tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

If you have questions relating to our terms and conditions, you may contact us by email at service@bench.co.uk

Information About Us

This website is owned and operated by Bench Limited, trading as Bench ("Bench", "we", “our”, or "us"). Bench is registered in England and Wales under Company Number 4787106.  Our registered office is at Tanzaro House, Ardwick Green North, Manchester, M12 6FZ.

Availability of Website

We will use our reasonable endeavors to provide you with a continuing service. We do not, however, warrant that the Website or the service it provides will continue uninterrupted or without delay or that it will remain unchanged.

Content of the Website

While we use our reasonable endeavors to ensure the information contained in the Website is correct and reliable, no warranty, either express or implied, is given as to the accuracy or completeness of that information.

The Website may contain links to a number of websites owned, operated and controlled by third parties. We are not responsible for such sites and we have no control over or proprietary interest in any of these websites and, as such, make no warranties with regard to the quality, security, accuracy or any other aspect of such sites, and exclude any and all liability arising directly or indirectly out of or in connection with use or reliance of the same.

The Website contains content and services ("Third Party Services") owned, operated and controlled by third party service providers ("Third Party Providers") and not by us. Where appropriate the provision of any Third Party Services to you by any Third Party Providers shall be on the terms and conditions of the relevant Third Party Provider. It is your responsibility to make yourself aware of such terms and conditions. We exclude any and all liability arising out of or in connection with the provision of any Third Party Services to you by any Third Party Providers and your only remedy, if any, for failure to provide such Third Party Services is against the relevant Third Party Providers.

Competition Terms and Conditions

Our competitions are only open to UK residents (excluding Northern Ireland) aged 18 years or over (unless any other age restrictions is specified or implied), except employees of Bench (or employees of any company within the Bench group of companies), their families, agents or any third party associated with the administration of each competition. Entrants should, if under 18, obtain permissions from their parents or legal guardian prior to entering into any competition.

All competition entries must be received by the closing date specified for each such competition and only one entry per person is permitted.

Bench will not be liable for, nor does it accept any responsibility for, entries not successfully completed due to a technical fault of any kind.

Each competition winner will be chosen by random draw after the closing date of the relevant competition from all correct entrants received by us.

The competition winner will be notified within 28 days of the winner having been selected. If a competition winner does not respond to Bench within 28 days of being notified by Bench, then the competition winner's prize will be forfeited and Bench will be entitled to select another winner in accordance with the process outlined above.

The prize for any competition winner is non-exchangeable, non-transferable and no cash alternative is offered.

Bench reserves the right to replace the competition prize with an alternative prize of equal or higher value if circumstances beyond Bench’s control make it necessary to do so.

The decision of Bench regarding any aspect of any competition is final and binding and no correspondence will be entered into about it.

The competition winner's name and county can be obtained by sending an email to service@bench.co.uk after the date of the closing date of the prize draw. These competition terms and conditions shall be incorporated into each competition except to the extent that any such individual competition terms and conditions provide otherwise. Participants are deemed to have accepted and agreed to be bound by these terms and conditions upon entry. Bench reserves the absolute right to refuse entry, disqualify any entries or refuse to award the prize to anyone in breach of these terms and conditions.

Bench reserves the right to hold void, cancel, suspend, or amend the terms and conditions of any competition where it becomes necessary to do so without notice from time to time.

Insofar as is permitted by law, Bench (and each member of its group of companies), its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the competition prize except where it is caused by the negligence of Bench, its agents or distributors or that of their employees. Your statutory rights are not affected.

Competition winners may be required to participate in publicity related to the competition which may include the publication of their name and photograph in any media (including on our websites, on our Facebook, Instagram, Twitter, Snapchat accounts or other social media platforms).

Each of our competitions will be governed by English law and entrants to the competition submit to the exclusive jurisdiction of the English courts.

Queries

While every effort is made to ensure that any enquiry you submit to us is dealt with promptly, we cannot guarantee your query will always be dealt with within the timescale you require.

Acceptance of Your Order

All orders are subject to our acceptance and availability.

The minimum order value is £30.

Orders placed by you are treated as an offer to purchase the goods from us and we have the right to reject such offer at any time. We require full payment, in cleared funds, for the products before your order can be accepted and dispatched to you. Once your payment has been received by us, we will send an email to your stated email address to confirm our acceptance of your order. Upon acceptance of your order, dispatch of the products will be arranged to your stated delivery address. Completion of the contract between you and Bench will be perfected when we dispatch the goods to you. If we are unable to accept your order, we will inform you of this via email and will not charge you for the products.

We are pleased to accept orders provided they are for the personal, non-commercial use by you. We will not accept any orders which are intended for resale or distribution for commercial purposes. The resale of any products purchased on the Website without the express written agreement of Bench, is not permitted.

Availability

All items are subject to availability. In the event that the product you wish to purchase is not available, we will inform you of this via email and we will not charge you for such item.  

Prices

Prices and offers are valid as advertised and may change from time to time without notice to you. The GBP price of a product on the Website is inclusive of UK VAT at the applicable rate (where applicable) and the shipping costs are included as part of the total purchase price which you are required to pay.

If the rate of UK VAT changes between your order date and the date we supply the product(s) to you, we will adjust the rate of UK VAT that you pay to take effect of this, unless you have already paid for the product in full before the change in the rate of UK VAT takes effect.

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced.  We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount.  If the product’s correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order.  If we accept and process an order where a pricing error is obvious and could reasonably have been recognised by you as a mispricing error, we may end the contract, refund you any sums you have paid and require you to return any products provided to you.

Payment

Payment can be made securely online by Visa, MasterCard or via PayPal. The credit/debit card being used must be yours. 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, we will not be liable for any delay or non-delivery of your order. In the event that your card authorisation and validation is declined, we reserve the right to cancel your order.

By submitting an order to us through our Website you represent and warrant that the credit, debit card or PayPal account that is being used is yours, that the payment details provided on your order are valid and correct when your order is accepted and processed by us, that payment will be made in full and that you are at least 18 years old.

We take all reasonable steps to ensure, so far as reasonably practicable, that the details of your payment and order are secure, but save in the case of our negligence, we shall not be liable to you for any loss you may suffer or incur if any third party procures unauthorised access to any information provided by you when accessing or ordering products from the Website.

Delivery & Returns

Once your payment has been received delivery of your goods will be dispatched to your stated delivery address.

You have the right to cancel your order with us within fourteen days without having to give us any reason.  The cancellation period is 14 days from the day after you (or your designated third party (other than the carrier)) took possession of the goods which were subject of your order (the “Cancelled Goods”).

If your goods are split into several deliveries over different days then you have 14 days after the day you (or your designated third party) receive the last delivery to change your mind about the good.  

To exercise your right to cancel your contract with us you will have to inform us of your decision to cancel your order in the form of a clear statement (e.g. via email or a mailed letter (to serivce@bench.co.uk or mailed letter to (Customer Services, Bench Limited, Tanzaro House, Ardwick Green North, Manchester, M12 6FZ stating your order number, full name, address and post code and details of the product which you wish to return).  You can use the cancellation form; however, you are not required to do so (“Cancellation Notice”).

If you cancel your contract with us after receiving your order (or from the day after you receive the last item of your order), we shall within 14 days from the time we receive your Cancellation Notice, refund all payments which we received from you in relation to the Cancelled Goods (including delivery costs (except additional costs which you incur, if you choose a different method of return delivery than the most economical standard delivery which we offer) (the “Refund”) subject to us receiving the Cancelled Goods back from you or you providing evidence to us that you sent the Cancelled Goods back to us, whichever is the earlier.

You shall immediately send back the Cancelled Goods back to us, however, at the latest within 14 days from the date of the Cancellation Notice (the “Return Period”).  The Return Period is observed, if you send the Cancelled Goods back to us within the Return Period.  Please note that we may make a deduction from the Refund for any loss in value of any goods supplied if the loss is the result of any unnecessary handling by you.  If we make a Refund before we are able to inspect the goods and later discover that you have handled them in an unacceptable way, you must pay us an appropriate sum to compensate us due to such mishandling. You are obliged to return the goods to us in perfect condition and in the original packaging.

Please note that you don’t have a right to change your mind in respect of products sealed for health protection or hygiene purposes e.g. swimwear / underwear, once these have been unsealed after you receive them.

Any product(s) that were purchased in conjunction with a promotion and were subsequently delivered with a free gift, must be returned with that free gift to receive a full refund for the original product(s) if returning the original product(s) would breach the original terms of the promotion.

If you believe that the goods which have bought are faulty then please contact our Customer Services team as soon as possible and they will endeavour to assist you with your query.

Insurance & Ownership

You will own the goods once we have received payment in full from you. 

The goods which you order will be insured by us or by our agents while in transit and up to the point of delivery to your stated delivery address. You (or your designated third party (other than the courier)) will be asked to sign for the goods on arrival at which point responsibility for your purchased goods passes to you upon signature of acceptance of the goods.  We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.

Customer Services

For all enquiries please contact Bench customer services:
Email: service@bench.co.uk
Tel: +00 49 89 150 018 554 (please note that calls to this number are charged at the relevant international call rate (depending upon your telephone provider)
Looking to return an item? Please refer to our Delivery & Returns section
 

Your Activity and Your Device

You may use this Website at your own risk and it is understood and agreed by you that you are personally responsible for your use of this Website and for your communication and activity related to this Website. We make every effort to ensure this Website is free from viruses or defects. However, it is your responsibility to ensure you use the right equipment to use this Website and to screen out anything which may damage it.

Content

Every care has been taken by us in the preparation of the content of this Website to ensure the products and terms are described accurately. There may however, from time to time, be technical inaccuracies and/or typographical errors. There may slight variations from time to time in style or colour reproduction, or in text descriptions. As the actual colours you will see will depend on your device’s display, we are unable to promise or guarantee your device's display of any colour will actually reflect the colour of the product delivered to you. To the extent permitted by law, Bench shall not be liable for any claims either direct or in terms of consequential loss relating to the accuracy of the information contained in any of the sections of this Website, whether this arises from breach of duty, breach of contract, negligence or any other way.

We reserve the right to make changes to the products displayed on this Website, from time to time, to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements.

Ownership of Rights

Ownership of all rights, including copyright, relating to this Website is vested with Bench. Any use of this Website or its contents, including copying or storing it or them wholly or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Bench. You may not modify, distribute or re-post something on this website for any purpose.

On our Website all trademarks, product names, company names and logos are the property of their respective owners. No permission is given by Bench either directly or indirectly, in respect of the use of any such brand names, photographs, product names or titles or copyrights which belong to third parties, and such unauthorised use may constitute an infringement of the respective owners’ rights.

All material accessible on this Website is protected by copyright.  You may view this Website pages on screen and may print or download extracts of them for your private and non-commercial personal use.

No part of this Website may be reproduced, transmitted to, or stored on any other website in any other form of electronic medium without our express written consent.

Governing Law & Statutory Rights

This Website, any content contained herein and any contract brought into being as a result of the usage of the Website is governed by and construed in accordance with English Law and any disputes shall be dealt with under the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

These terms and conditions do not affect your statutory rights.

Alternative Dispute Resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.  If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute provider we use.  You can submit a complaint to The Retail Ombudsman via their website at www.theretailombudsman.org.uk.  The Retail Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

For more information, please also refer to the Online Dispute Platform at: www.ec.europa.eu/consumers/odr.  

Events Beyond Our Control

If the supply of products is delayed by an event outside of our control then we will contact you as soon as reasonably practicable to let you know and we will take steps to minimise the effect of the delay.

Provided we do this, we will not be in breach of the contract with you or otherwise liable or responsible to you for any delay in performance if to the extent that any delay or failure results from circumstances beyond our reasonable control including (but not limited to), without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, war (whether declared or not), terrorist attack or threat of terrorist attack, act of god, fire, explosion,  tempest, accident or natural disaster (an “Event”).

Our performance under any contract with you is deemed to be suspended for the period that the Event is continuing and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavors to bring the Event to a close or to find a solution by which our obligations under the contract with you may be performed notwithstanding the Event.

General

Each of the paragraphs of these terms and conditions operate separately.  If any court or relevant authority decided that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

These terms and conditions form the entire basis and understanding of any agreement between us and you.

The contract between you and us is binding on you and us and on our respective successors and assigns.  We may transfer, assign, charge, sub-contract or otherwise dispose of a contract or any of our rights arising out of or under it, at any time during the term of this contract.  You may not transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of your rights arising out of or under it, at any time during the term of this contract

Privacy

We will treat your personal information as confidential and will only use it in accordance with the terms of our Privacy Policy.

Slavery and Human Trafficking Statement

Preamble

Slavery and trafficking of human beings are a great problem concerning the world society. We all should pay attention to the risks in our company and furthermore in the entire supply chain.

The company

Bench is a global brand. Founded in the UK in 1989, Bench is represented in 34 countries in Europe and North America and offers fashionable yet functional lifestyle clothing for men, women and kids. Bench Limited has its head office in Manchester.

Our business is subdivided into the following business units:

  • Bench Limited which is located in Manchester as the parent company
  • Bench International GmbH which is located in Munich and is responsible for international business and operations in mainland Europe
  • Bench International Retail GmbH which is operating the retail stores and the outlets

The supply chain

Our supply chain includes clothing manufacturers in countries like for instance China, Bangladesh, India or Turkey.

Principles regarding slavery and trafficking in human beings

Our decision is that we don’t accept any form of slavery or human trafficking nor in any part of our company neither in our supply chain. Our principles regarding slavery or human trafficking have their source in our intention to act ethically in all parts of our company.

Our Anti-Slavery Policy reflects our commitment to acting ethically and with integrity in all our business relationships and to implementing and enforcing effective systems and controls to ensure slavery and human trafficking is not taking place anywhere in our supply chains. Moreover, we are obliged to fulfill contractual codes of conduct we concluded with our distributors and which control our Anti-Slavery Policy as well.

Supplier obligation to our principles

We do not tolerate any occurrence of slavery and human trafficking. Our expectation is that our suppliers accomplish our principles. We have contracted a special right of termination which allows us to terminate the contract in any case of slavery or human trafficking.

To ensure that our principles are adhered to, we only cooperate with major established producers. Thus, we can be sure that our producers will be controlled by further clothing companies. This creates a network so that we can be sure that the producers are constantly under observation.

Actions in fighting alevery and trafficking in Huan Beings

Our intense communication with our suppliers ensures that they respect our point of view and comply with our principles.

The management will act in every case of reported concerns regarding slavery and trafficking in human beings.

This statement is made pursuant to section 54(1) of the Modern Slavery Act 2015 and constitutes our group's slavery and human trafficking statement.

Out-of-Court Dispute Resolution

You can visit the online dispute resolution platform of the European Commission with the following external link http://ec.europa.eu/consumers/odr/. Bench Limited is neither obligated nor willing to participate in out-of-court settlement procedures.

Indemnity & Waiver

Except in the case of our fraud, or death or personal injury caused by our negligence, we exclude any and all liability you may suffer or incur arising out of or in connection with your use, or reliance, of this Website, whether or not it was a foreseeable consequence of our breach, negligence or other default.

You agree to indemnify, defend and hold harmless Bench, it directors, officers, employees, consultants, agents and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to legal costs and expenses) arising out of or in connection with your breach of these terms and conditions of this Website, your infringement of any intellectual property rights or any other right of any person and/or entity.

 

 
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