TERMS OF SALE
Last updated: May 2022 (Global-e Version: 7.0)
As used in these Terms of Sale “Global-e”, “we”, "our" or "us" means the applicable Global-e Contracting Party, as defined in the last paragraph of these Terms. Global-e is the sales facilitation and fulfilment partner of the brand or retailer operating this e-commerce web-store (“Store” and “Store Owner”, respectively), where the products or services were made available to you for purchase through the checkout ("Product"). The Store Owner has an agreement with Global-e allowing Global-e to act, as the merchant of record, in Global-e’s name and on behalf of the Store Owner.
Only individuals placing Orders for their own domestic and private use and not their trade, profession business or craft (“Consumers”) may purchase Products.
By placing an Order, you confirm you are legally capable (in terms of age and mental capability) of entering into binding contracts per local legal requirements in the place where you reside.
Please print or save these Terms for future use.
These Terms are entered into force in the English language and governed by it. You agree that any translation, if provided, is available for your convenience only.
1. BROWSING, CHECKOUT AND ACCEPTANCE OF ORDERS
Orders are placed through the checkout by clicking on the “PAY AND PLACE ORDER” button (or similar button).
The details of the Products you buy, as well as the price, Delivery Costs and Import Charges (if available for pre-payment), shall be those displayed to you on the checkout at the time of placing the Order. Please make sure you review your Order carefully, identify and correct any input errors prior to placing such Order.
There could be minor differences between the Products you eventually receive and their visual display on the Store or checkout (e.g. in relation to appearance / color / texture / finish) as all pictures and images of Product displayed are for illustrative purposes only. Please read the descriptions and details of the Products before placing the Order.
The information contained in these Terms, and the data contained on the Store and checkout, do not constitute an offer to sell, but rather an invitation to contract. Once you have placed an Order, it will be acknowledged via an email which will contain the relevant details of the Order. Please note, that this e-mail does not constitute an acceptance of your Order – it is only an acknowledgement of the Order. Your Order is not accepted , until you receive an email explicitly stating that the Order has been accepted and confirmed ("Order Confirmation"), at which point a legally binding contract will be formed between you and us.
In certain circumstances your Order may be declined or cancelled (in full or in part), for example if the payment information you provided cannot be verified or if a Product is unavailable and you will be refunded accordingly in accordance with these Terms (if the payment was processed successfully).
Order Confirmation is subject to fraud checks and other mandated regulatory checks (such as ‘Denied Parties Screening’), and certain Orders may be declined for those reasons. We also reserve the right to reject or cancel abnormal orders or any orders which are suspected to be placed in bad faith or orders which were not placed by Consumers. You may also be required to provide additional verifications and information before, and as a condition to, the acceptance of any Order (mainly if there is suspicion that the identity, address, email address and/or payment information were used fraudulently or in an unauthorized manner).
It is always possible that, despite our best efforts, some of the Products may be incorrectly priced. We will normally check prices before accepting your Order so that, where a Product's correct price at the time of your Order is less than our stated price at that time, we will charge the lower amount. If the Product's correct price at the time of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order.
If we accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel the Order and refund you any sums you have paid.
Quantity limits (per order, per address or otherwise) may apply in relation to certain Products, and Orders which exceed those quantity limits could be refused at any time, without notice.
We are not required to provide a reason for declining to accept any Order, though we may do so in our sole discretion.
If the payment method you selected for the Order supports pre-authorization mechanism (e.g. most credit/debit cards), then when you place the Order, the applicable amount will only be authorized, and you will be charged only after the Order is dispatched. Even if the Order is a ‘pre-order’ or a similar type of order that will be fulfilled under certain time conditions, the charge could be made prior to dispatch of Products, depending on the particulars of the pre-ordered Product. You are required to check the particulars of the pre-ordered items on the Store prior to placing your order.
If the payment method you selected does not support pre-authorization mechanism, the charge will be immediate upon placing the Order (noting however that specific payment methods may support a different timing and we may not know or be in control over such timing, if applicable). Please note that you will be charged the full Order amount even if the Order will be dispatched in parts.
Pre-Payment shall not affect your legal rights under these Terms (including for example any right to refund). If shipping, delivery or fulfillment obligations cannot be performed (subject to these Terms), you will be notified (notably via email) and a refund of the pre-payment will be made without delay.
2. PRICE; EXCHANGE RATE
You purchase the Products in your local or chosen currency. The checkout displays the price of the Product, any applicable sales taxes (such as Value Added Tax, Goods and Services Tax, Consumption Tax), international delivery costs and fees (“Delivery Costs"), and, if available for pre-payment, import duties, tariffs and similar costs and fees that may be imposed by the delivery destination ("Import Charges").
In certain cases, the Product price may be inclusive of Delivery Costs and/or Import Charges (in full or in part). The Store or checkout will provide details about such offers, and will indicate if the price is inclusive of Delivery Costs/Import Charges before you complete and place the Order. Such offers may change from time to time, and without any notice.
The price of Products may change as a result of exchange rate fluctuations regularly. The price of Products in your Order will be the price at the time you actually placed such Order, as displayed to you on the checkout page.
3. TAXES AND IMPORT CHARGES
You may be offered to pre-pay Import Charges on checkout. Not all Products and not all destinations will offer the option for pre-payment of Import Charges, and we cannot guarantee that your Order will be eligible for such pre-payment.
Global-e may contract with customs brokers or a fiscal representatives to act on its or your behalf for the purposes of clearing the Order into the market. Your agreement to these Terms constitutes a consent and authorization for such customs broker or fiscal representative to act as your agent on your behalf to: (a) conduct transactions with the applicable authorities, (b) complete, submit and execute related documents on your behalf in connection with the import and clearance of Products, (c) facilitate payment of Import Charges; and (d) if applicable, return such Products (subject to these Terms).
IF IMPORT CHARGES WERE NOT PAID WHEN YOU PLACED YOUR ORDER, EITHER BECAUSE YOU SO ELECTED OR BECAUSE PRE-PAYMENT IS NOT AVAILABLE IN THE DELIVERY DESTINATION (OR ANY OTHER REASON): (A) YOU ARE ADVISED THAT THE AMOUNT OF IMPORT CHARGES DISPLAYED UNDER THE PRE-PAY OPTION ON THE CHECKOUT IS ONLY AN ESTIMATE AND MAY NOT REFLECT THE AMOUNT OF IMPORT CHARGES ACTUALLY CHARGED TO YOU BY THE BROKER, CARRIER OR THE RELEVANT AUTHORITY, AS SUCH AMOUNT MIGHT BE HIGHER THAN THE ESTIMATE; AND (B) YOU WILL BE FULLY RESPONSIBLE FOR PAYING ALL APPLICABLE IMPORT CHARGES DIRECTLY TO THE RELEVANT AUTHORITY AS DETERMINED AND ASSESSED BY SUCH AUTHORITIES. GLOBAL-E AND/OR THE STORE OWNER WILL HAVE NO RESPONSIBILITY OR LIABILITY IN RELATION TO THE PAYMENT OF IMPORT CHARGES. MOREOVER, IF YOU FAIL TO PAY IMPORT CHARGES WITHOUT REASONABLE REASON, CAUSING THE LIABILITY TO FALL ON US, THE CARRIER OR ANY THIRD PARTY (INCLUDING THE STORE OWNER OR OPERATOR), THE AMOUNT OF SUCH IMPORT CHARGES MAY BE DEDUCTED FROM ANY REFUND OR OTHER AMOUNTS YOU MAY CLAIM.
You (and not Global-e or anyone on its behalf) will be fully responsible for claiming back any Import Charges from the applicable authority, no matter what the process of payment was thereof, to the extent possible, in cases of return or any other eligible circumstances. Global-e and/ or the Store Owner will have no responsibility or liability in connection with such drawback claim.
If you elected not to pre-pay Import Charges, or failed to pay Import Charges, or refused to accept Product not in accordance with a due cancellation procedure under these Terms, which results in a return of the Product, then, in addition to the above, you may be liable for the return Delivery Costs and may not be reimbursed or refunded for Delivery Costs paid by you . You may also be charged with additional direct or indirect charges resulting from said failure or refusal.
4. TITLE; RISK; IMPORTER OF RECORD
The title to the Product ordered is transferred to you prior to import (in most cases, already in the dispatch country before export, where the contract for purchase of Products is concluded), provided we are satisfied that a full payment of the Order amount was made or can be made.
Risk of damage or loss is transferred to you upon delivery to the delivery address specified in the Order (in case you have selected not to pre-pay Import Charges, such location will be deemed to be the port of entrance to the import destination).
YOU WILL BE CONSIDERED AS THE ‘IMPORTER OF RECORD’ OF THE PRODUCT, AND WE (OR SOMEONE ON OUR BEHALF) WILL ONLY BE FACILITATING THE IMPORTATION ON YOUR BEHALF, AS YOUR AGENT. YOU ARE RESPONSIBLE FOR ASSURING THAT THE PRODUCT CAN BE LAWFULLY IMPORTED INTO THE DESTINATION, AND YOU THEREFORE NEED TO COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, CERTIFICATIONS AND RULES OF THE DESTINATION INTO WHICH YOU IMPORT THE PRODUCT. PLEASE NOTE THE STANDARD FOR USING THE PRODUCT IN THE IMPORT DESTINATION BEFORE ORDERING. PRODUCT ORDERED TO A DESTINATION WITH DIFFERENT STANDARDS CANNOT BE RETURNED FOR THIS REASON AND NO LIABILITY WILL BE ASSUMED IN ANY CIRCUMSTANCES WHICH MAY ARISE FROM PURCHASING PRODUCT WITHOUT THE CORRECT STANDARDS FOR YOUR DESTINATION.
Please note that documentation such as packaging, user manuals, product care labels, handling instructions or safety warnings may not be in your language; you may not have available manufacturer’s or other service options for the Product or parts thereof; the Product (and accompanying materials) may not be designed in accordance with the standards, product regulations, specifications of the destination to which you import or labelled in accordance with the requirements applicable in your destination, or in yours or the destination’s language; if the Product is powered, it may not conform to the destination power parameters such as voltage or other electrical standards (for example you may need to use an adapter to charge your Product).
5. FULFILMENT, HANDLING AND DELIVERY OF ORDERS
The delivery and fulfilment of your Order could be carried out by various service providers, which will be selected and operated by us or by the Store Owner (a "Fulfillment Provider").
Some Products may not be available for delivery to certain locations or destinations (due to limitations imposed on the Product itself or by the destination). You will be informed of such limitation, either on the Store or checkout, and the checkout should not permit you to submit your Order if the Product cannot be delivered to your specified address. However, we reserve the right, at any time, to suspend or cancel the delivery of any Product that cannot be legally delivered as such.
Delivery will be completed when the Product is delivered to the address chosen by you as specified when placing your order (in case Import Charges were not paid, that may include the port of entrance to the country destination).
Different parts of your order may be delivered on different dates.
Unless otherwise stated, and subject to applicable laws, delivery dates given on checkout (or on the Store) are estimates only. The Order will be delivered by the delivery time set out on checkout (based on the delivery method you selected, if such selection was available for your Order) or, if no delivery time is specified, within 30 days following the Order Confirmation date, unless exceptional circumstances exist (for example, if you are pre-ordering a Product). Delivery timeframes are affected by your delivery address and the delivery method selected.
Global-e and/or the Store Owner has no liability for any loss arising from delay in delivery to the extent such delay is due to circumstances beyond its reasonable control or where Global-e and/or the Store Owner could not have taken reasonable steps to deal with the delay. For example, delays resulting from customs clearance procedures, lockdowns or other actions of the authorities are outside Global-e’s and/or the Store Owner’s control, as well as any delay resulting directly from your actions or omissions. In the event of a prolonged delay, you will have a right to cancel your Order, and receive a refund.
If you receive notification of an attempted delivery, it is your responsibility to use the details provided to contact the delivery company for re-delivery. Efforts will be made to deliver your Product according to the details in the Order.
6. PAYMENT & PAYMENT METHODS
You can only pay with the payment methods available and specified on the checkout. The availability of such payment methods is dependent on your geographical location and the offering of the Store Owner.
The transaction will substantially look like this: **Global-e//brand name** on your bank statements once you have been charged.
You acknowledge and agree that: (i) Global-e will process your Order for payment and you will be charged by one of its third party payment processors ("Payment Processor") using the payment method you have selected on checkout and such charge will be for all amounts payable under these Terms that may be due in connection with the Order as specified on checkout; (ii) you will provide valid and current information about yourself; (iii) Global-e may use the tools and technology or the services its Payment Processors to process transactions on its behalf; (v) depending on your geography, payment may be made to one of our intra-group affiliated companies (listed <<<here>>>), and such payment will constitute a payment to us and will discharge you from your payment obligations in connection with the Order and purchase of the underlying Products; and (v) you could be charged additional fees (such as foreign transaction fee or cross border fee) or surcharges by your own bank, card issuer or the payment method you selected. These additional fees will be calculated and charged by your card issuer. Neither Global-e nor Store Owner has any control over these fees and cannot predict or mitigate them. The additional fees are purely up to the relationship and commercial terms between you and your bank, card issuer or payment method and their own policies. Global-e’s sole commitment in this respect is to acquire the amount specified on checkout in your local currency.
Global-e takes reasonable care to keep the details of your Order and payment secure, but (in the absence of material negligence) Global-e 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 Store.
7. RETURNS POLICY
We offer free worldwide returns for full-priced items within 30 days of shipping of a Product and discounted items within 14 days of shipping of a Product, provided that:
(a) the Product(s) is returned from the original shipping location in accordance with the process set out in these Terms; and
(b) the Product must be in its original, unused condition with all product labels and associated accessories or included instructions.
Save for the circumstances set out below, the following items cannot be returned once purchased:
(a) personalized or personal imprint items;
(b) pin earrings;
(c) optical glasses that have been fitted;
(e) nail polish; and
(f) facial masks.
You may have legal rights in relation to Products that are not as described, faulty or otherwise not fit for purpose in accordance with applicable law. If you believe that any Products that you have ordered do not conform with these Terms, please get in touch with us or the Store Owner using the contact details provided on the e-commerce website operated by the Store Owner.
If, due to unforeseen circumstances, we are unable to fulfil your Order or any of the Products in a particular Order, we will refund the value of the Product(s) that we were unable to fulfil and, if the full Order is cancelled, any delivery charges. You may obtain a refund by following the instructions below.
How to return Products
If you wish to return one or more Products your purchased pursuant to these Terms, the following instructions apply:
- You must first inform of your decision to return the Product by a clear statement made through the returns portal and follow the instructions and providing the requested information therein, including providing proof of purchase (your Order identification number and the email address used for the Order), indicating the applicable items to be returned and the quantity thereof and selecting the applicable method of returning the product (if different options are available). If a returns portal link is not available on the Store, or on the Online Support link (if available) in the Order Confirmation, then you must inform of your intent to return your Order through Store Owner’s customer support, which will guide you through the process.
- A return Product authorization ("RMA") number will be provided to you (through the portal (if applicable) and via e-mail) and, if applicable, a return shipment label will be generated.
- Promptly thereafter you will send back the returned items or hand those over as per the instructions provided to you in the return portal. You must act without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract. The RMA number must be included in the return package.
- Unless otherwise specifically stated in Store Owner’s Policy, items must be returned in a new and unused state, in original condition, with all protective or other materials in place and tags and stickers attached to them (if applicable), as well as with the original box / container, including all accessories and documents.
- All returns could be subject to strict quality control to ensure that the returned items satisfy these requirements. If the item does not meet such standards, the return and refund could be refused or the Product devaluation will be deducted from the refund amount.
- Upon receipt of the returned item and confirmation that it has been returned in accordance with the applicable requirements, you will be reimbursed for the actual paid price of the returned item and such other fees, if applicable pursuant to these Terms.
You are responsible for taking reasonable care of the Products until they are returned to us. We recommend that you return them to us using the recommended shipping procedure added in the parcel and that you keep proof of postage. We will be unable to provide you with a full refund if the Products are not returned to us or if they are damaged when they arrive.
Refund payments and other conditions relating to Refund
We will make the reimbursement using the same means of payment as you used for the initial transaction. Payment of the refund can take up to 21 working days.
Import Charges are normally non- refundable, for further information please review “Import Charges” above.
Title and risk to the returned items will not be taken back or assumed until such items physically arrive back to the returns facility, and therefore you are advised to follow the returns process as set out above under “How to return Products”.
Exchange of Products purchased through the Store is currently not permitted. If you wish to exchange a Product, you will be required to return the Product and then immediately reorder the Product through the Store or you can contact our customer services team to assist you with placing your new Order.
Cancellation/changes to an Order
The returns process set out in these Terms does not affect your statutory rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e-commerce regulation in the territory to which the Product is shipped, including cancellation and withdrawal rights for UK and EU customers under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013) the “Regulations”).
You may have a right (as is the case for UK and EEA consumers) under the Regulations to change your mind and cancel the Order within 14 days of delivery of your Products without giving a reason. This right is explained in more detail below. Please note that the right to change your mind does not apply to any bespoke Products you purchase from us (i.e. Products that we create to your specification or are clearly personalised).
The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. You may cancel the Order in respect of all Products delivered or in respect of certain of the Products only. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, part, lot or piece that makes up your Order.
To exercise the right to cancel, you must inform us of your decision to cancel the Order by making a clear statement and following the return procedure set out above, you may also contact the Store Owner’s Customer Services team who may be able to assist you, their contact details are as set out on the Site. You may also use the following model cancellation form but you are not required to do so:
Model Cancellation Form
E-mail address: firstname.lastname@example.org
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*),
Ordered on(*) / received on(*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper)
(*) Please delete if not applicable
To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
You will be sent the return Product authorisation (RMA) in respect of the cancelled Order. If you cancel your Order, we will reimburse you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us and for any deductions permitted).
We will make the reimbursement without undue delay, and not later than:
1.1.1 14 days after the day the Products are received back from you;
1.1.2 (if earlier) 14 days after the day you provide evidence that you have returned the Products; or
1.1.3 if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel the Order.
We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
8. LIMITED WARRANTY; RETURNS POLICY FOR FAULTY PRODUCT
If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make Store Owner aware of the problem, in accordance with your legal rights under applicable law. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform Store Owner as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights under applicable law.
For Product shipped internationally, please note that the warranty may not be valid in the destination, or you may have only limited warranty valid in the destination. If warranty is valid and not limited and if you reside in the EEA and you purchased your Product in the EEA, the warranty period is two (2) years from the date of purchase. Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EU directive 2019/771 . These rights are not affected by this limited warranty.
Nothing in these Terms exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability which cannot be excluded by law.
SUBJECT TO THIS, IN NO EVENT WILL GLOBAL-E OR THE STORE OWNER HAVE ANY LIABILITY FOR ANY OF YOUR LOSSES OTHER THAN AS SET OUT IN THESE TERMS, ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, HOWSOEVER CAUSED INCLUDING ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH THESE TERMS. ANY LIABILITY, IF SO EXISTS, SHALL NOT EXCEED THE PURCHASE PRICE OF THE RELEVANT PRODUCT AND IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND US AT THE TIME YOUR ORDER IS ACCEPTED. THE LIABILITY OF GLOBAL-E AND STORE OWNER TO YOU FOR LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THESE TERMS WILL BE REDUCED OR LIMITED TO THE EXTENT (IF ANY) THAT YOU CAUSE OR CONTRIBUTE TO THE LOSS OR DAMAGE.
GLOBAL-E AND THE STORE OWNER WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGES INCURRED BY UNAUTHORIZED USE OF YOUR PAYMENT CARD ON THE CHECKOUT, AND GLOBAL-E AND THE STORE OWNER ARE NOT RESPONSIBLE FOR NOTIFYING YOUR CARD ISSUER OR ANY LAW ENFORCEMENT AUTHORITY IN THESE INSTANCES.
You should give Global-e and the Store Owner a reasonable opportunity to remedy any matter for which they are liable before you incur any costs remedying the matter yourself.
It cannot be guaranteed that the Store or checkout will be uninterrupted or error-free. Global-e and the Store Owner are entitled without notice and without liability to suspend the Store or the checkout for repair, maintenance, improvement or other technical reason.
To the maximum extent permitted by applicable law, Global-e and/or Store Owner shall not be held liable, if and in so far as Global-e cannot fulfil its obligations as a result of circumstances beyond its reasonable control and where it could not have taken appropriate steps to avoid such effects including third party telecommunication failures.
10. INTELLECTUAL PROPERTY RIGHTS
Any access or use of the checkout for any reason other than your personal, non-commercial use, is prohibited. You accept that any other use of the material and content of the checkout is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
11. GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of England and Wales. When a specific applicable law (namely specific consumer laws in your own country), explicitly prevail the laws of England and Wales, then with respect to the matters to which such law prevail, the governing law of the matter will be such specific law. If any provision of these Terms shall be held to be invalid, illegal or unenforceable, pursuant to an explicit prevailing law, that provision shall be enforced to the fullest extent permitted by the applicable prevailing law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
You hereby agree to the fullest extent permitted by applicable law, that you irrevocably waive all right to trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to these Terms. If you are a resident of the United States, then you hereby agree that notwithstanding anything herein to the contrary, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.
You are hereby informed that in the event of a dispute arising out of or relating to these Terms, you may have a right under applicable law to file a complaint with an alternative dispute resolution institute.
You may bring any dispute which may arise under these Terms of Sale to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms of Sale to the competent court of your country of habitual residence if this is within the UK or is an EU Member State or otherwise the competent court of England.
Communications will be made electronically by sending email or otherwise posting electronically.
Global-e is committed to render the carry on its business in accordance with its Code of Conduct and Modern Slavery Policy (available here: https://investors.global-e.com/corporate-governance/documents-charters).
Any failure by either party to exercise or enforce any right or provision of these Terms does not mean this is a “waiver” (i.e. that it cannot be enforced later).
Headings used in these Terms are for information and not binding.
These Terms, or any part thereof, may be assigned by us to a third party, without your consent, but this will not affect your rights or obligations. A person who is not a party to these Terms shall have no rights to enforce any term of these Terms except insofar as expressly stated otherwise.
Global-e and the Store Owner reserve the right to access, read, preserve, and disclose any information obtained in connection with the Order, and your use of the checkout, as Global-e reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, or (v) protect the rights, property or safety of Global-e, the Store Owner or the public.
Global-e reserves the right to modify these Terms at any time by posting the changes on the checkout or the Store. Such change will take effect on the posting date of the revised Terms, and your use of the checkout after such changes have been posted means that you agree to be bound by the Terms as modified. However, no such change will affect any Order that you have already placed.
These Terms constitute the entire agreement with respect to the subject matter of the Order. The contract in respect of any Orders is concluded between you and Global-e or our intra-group affiliate acting on behalf of Global-e and, subject to applicable law, may be officially concluded in the English language only, and that no public filing requirements apply.
If you have any questions or complaints about Global-e, these Terms or the checkout, please contact us at service@Global-e.com or at our trading address stated in the preamble above.
The Global-e Contracting Party under these Terms is Globale UK Limited (a company with registered address at 154 Clerkenwell Rd, London EC1R 5AB, UK, for contact information of Global-e Contracting Party please refer to the “Contact Us” page on check out, for information about our Global-e affiliates please press <<<here>>>.
Registered in England
Registered No: 00162636
Vat Number: 394579394
2.4 Please note, however, that certain functions made available on the Platform are governed by additional terms and conditions, including any purchase of any products on the Platforms which is governed by the applicable terms of sale. The terms of sale will vary depending on the shipping location you select for your order. Please review the appliable terms of sale once you have selected your shipping destination. The terms of sale for orders placed through Burberry’s service provider, Global-E UK Limited on www.int.burberry.com are available at checkout and by contacting us (please visit https://int.burberry.com/c/customer-service/contact-us/).
3. The Platforms
3.1 The Platforms are made available free of charge. We do not guarantee that the Platforms, or any content on them, will always be available or be uninterrupted. Access to the Platforms is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Platforms without notice. We will not be liable to you if for any reason the Platforms is unavailable at any time or for any period. We may update the Platforms and/or change the content on it at any time.
3.3 The Platforms and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
3.4 You may only use the Platforms for your own domestic, private and non-commercial use.
4. Your account and password
4.1 You will need to register an account with us on the Platforms in order to access certain services available on the Platforms ("Account"). If you register an Account (a "Registered User"), you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat such the password as confidential and you must not disclose it to any third party.
4.3 You agree that the information you provide when you register on the Platforms is not misleading, and is true and accurate in all respects and you will notify our customer services team of any changes to that information.
4.4 If you know or suspect that anyone other than you knows your Account login details, you must also immediately notify our customer service team.
4.5 You are responsible for any unauthorised use of your Account login details.
5. Acceptable use
5.1 You agree not to:
5.1.3 do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Platform or any equipment, network or software used in operating the Platform.
User Generated Content
5.2 If it is the case that you supply/upload any content to the Platform – whether it be pictures, text, or whatever – the content you supply ("User Generated Content") must comply with the following rules:
5.2.1 it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
5.2.2 it must not harass or bully another person;
5.2.3 it must be true and honest so far as you know;
5.2.4 it must not: (i) constitute pornography; or (ii) be sexual or sexually suggestive involving minors;
5.2.5 it must not be defamatory of anyone;
5.2.6 it must not be unlawful;
5.2.7 it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own or you have permission to use it);
5.2.8 it must not contain someone else’s personal details or confidential information relating to other people;
5.2.9 it must not promote discrimination, whether based on ethnicity, race, sex, religion, nationality, disability, sexual orientation or age;
5.2.10 it must not promote or condone terrorism, violence or illegal behaviour;
5.2.11 it must not be harmful to minors in any way;
5.2.12 it must not impersonate any person, or misrepresent your identity or affiliation with any person;
5.2.13 it must not give the impression that it emanates from or is endorsed by us, if this is not the case; and
5.3 We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules. If you become aware of any User Generated Content that breaches clause 5.2 above, please contact our customer services team, providing your full name and address, along with details of: (i) the date on which it was posted and where it can be found on the Platforms; (ii) the username of the person who posted it; (iii) reasons why the content should be deleted; and (vi) copies of any communication with the person who posted it (if any).
5.4 We do not guarantee that the Platforms will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Platforms and we recommend that you use your own virus protection software and that it is up to date.
5.5 You must not misuse the Platforms 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 the Platforms, the server on which the Platforms is stored or any server, computer or database connected to the Platforms. You must not attack the Platforms 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 and/or any other applicable law in your country. We will report any such breach to the relevant law enforcement authorities 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 the Platforms will cease immediately.
6. Intellectual property
6.1 All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Platforms, is either owned or licensed by Burberry, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.
6.2 The "Burberry" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our products, Platforms, accessories or packaging, whether registered or not, are and remain the exclusive property of Burberry and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.
6.3 All other intellectual property rights (including, without limitation, registered or unregistered trade marks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Platforms, the products depicted and/or available on the Platforms and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Platforms are and shall remain the exclusive property of Burberry and/or its licensors and such intellectual property rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.
6.5 No part of the Platforms, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
6.6 Any communications or materials you send to us through the Platforms by electronic mail or other means and any material that you upload to the Platforms will be considered as non-proprietary and non-confidential (other than communications in respect of your order if you use the Platforms to buy products from us). We are free to publish, display, post, distribute, copy, reproduce, exploit, modify, alter and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
7. Third party providers and application stores
7.2 Third party application stores are operated by the relevant third-party providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third-party application store from which you download those Platforms that are the mobile applications. We are not responsible for these stores or (with the exception of the Platforms) for anything provided by them and do not guarantee that they will be continuously available.
8. Our liability
8.1.1 death or personal injury caused by our negligence;
8.1.2 fraud or fraudulent misrepresentation; and
8.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
8.4 We only supply the Platforms for domestic and private use. You agree not to use the Platforms, or any content on the Platforms, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.5 The Platforms may include links to other third-party platforms or resources ("Linked Platforms"). Burberry has no control over the content of Linked Platforms and you agree that, should you access a Linked Platforms using a link from the Platforms, Burberry is not responsible for the availability of the Linked Platforms, and is not liable in any way for the content of Linked Platforms, including any goods or services available from such Linked Platforms, other advertising or content on such Linked Platforms or the use that such Linked Platforms make of your personal information. Furthermore, Burberry will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Platforms or the content thereon.
9. Suspension and termination
9.1.1 issue a warning to you;
9.1.2 temporarily or permanently remove any User Generated Content uploaded by you to the Platforms;
9.1.3 temporarily or permanently withdraw your right to use the Platform;
9.1.4 suspend or terminate your Account;
9.1.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
9.1.6 take further legal action against you; and/or
9.1.7 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
11. Other important information
12. Governing law and jurisdiction
Terms last updated November 2022