Terms and Conditions

law and jurisdiction

The operation of our site and Contracts for the purchase of Products through our site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

our right to vary these terms and conditions

We may revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that you order Products from us or otherwise use the Site.

entire agreement

These terms and conditions and the documents mentioned in these terms and conditions contain the whole agreement between us and you relating to the supply of Products. No additional terms or conditions requested or communicated in any way by you will form part of the Contract whether accepted or not by an employee of ours.

severability

If any of these terms and conditions is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.

events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control including Acts of God, fire, flood, severe weather, explosion, war, acts of terrorism, industrial dispute, or acts of local or central Government or other competent authorities. This does not affect your statutory rights.

viruses, hacking and other offences

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

By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. 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 our site will cease immediately.

third party services

We may from time to time make available through our site certain services provided by third parties. To gain access to these services, you must register with these third parties and deal with them direct. We have no control over the content of those third party sites or the performance of these services. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

These limitations and exclusions do not affect your statutory rights.

our liability

Our total liability to you under the Contract will be limited to the amount paid by you for the Products purchased.

We have taken every care in the preparation of the content of our site. However, the content displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. We will not be responsible for any errors or omissions or for the results obtained from the use of such content or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.

To the extent permitted by law, we hereby expressly exclude any and all liability (whether arising in contract, tort or otherwise) for any direct, indirect or consequential loss or damage which you or any third party may incur in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it. This does not affect any liability we have to you under the Contract.

These limitations and exclusions do not affect your statutory rights and only apply to the extent permitted by applicable law. Nothing in these terms and conditions shall limit our liability for personal injury or death caused by our negligence.

your information

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing.

intellectual property

"cult" is a registered trade mark of DKH Retail Limited (Trading as Laundry Athletics).

We are the owner or the licensee of all trade marks, and all other marks, trade names, brand names, business names, illustrations, images, logos, registered or unregistered designs, copyrights and other intellectual property rights which appear on our site and in the material published on it. You may use these rights and the material solely for the purpose of using our site in accordance with these Terms of Use.

You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.

returns and refunds policy

You may cancel a Contract at any time within 14 days, beginning on the day after you received the Products. Please see the returns pages for full details including our returns policy.

You must return the Product(s) to us immediately at your own cost. You must take reasonable care to ensure that we receive the Product(s) and that they are not damaged in transit.

This does not affect your statutory rights in respect of defective Products.

price and payment

The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. These prices include VAT but exclude delivery costs, which will be added to the total amount due.

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after the Contract between us has been formed, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

We accept payment with the following credit or debit cards listed on our site.

Cards accepted: Visa and MasterCard credit cards, Visa debit cards (Visa Delta, Visa Electron, Visa Debit), Maestro, Switch and Solo.

We can also accept Paypal payments.

By submitting an order to us through our site, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us, payment will be made in full.

risk and title

The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

availability and delivery

Subject to stock availability, we aim to dispatch Products ordered before 2pm on the same working day.

Delivery dates are estimated and are not guaranteed, although we make every reasonable effort to deliver Products by any quoted delivery date.

You can find out further information on our delivery service and delivery charges in delivery and returns.

orders and how the contract is formed between you and us

By clicking on the following link, you can find out further information about the ordering process.

After making an order, you will receive an email from us accepting your order. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you the confirmatory email referred to above. The contract between us (Contract) will only be formed when we send you this email.

acceptable use

You may use our site only for lawful purposes. Certain areas of our site may enable you to enter some content of your own. In such cases, the content must not:

  • contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case;
  • be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material.

site availability

If the need arises, we may suspend access to our site to carry out routine or emergency work. We will not be liable if for any reason our site is unavailable at any time or for any period.

information about us

cult.co.uk is a site operated by Supergroup Internet Limited (we, our, us). We are registered in England and Wales under number 07139044. Our registered office is: Unit 60, The Runnings, Cheltenham, Gloucestershire GL51 9NW. Our registered VAT number is GB974823775.

See Contact Us for further information about our contact details.

security

We utilise industry-standard Secure Sockets Layer (SSL) technology to allow for the encryption of potentially sensitive information such as your name, address and other critically sensitive information like your credit card details. Information passed between your computer and our website cannot be read in the event someone else intercepts it. This technology includes the following features:

Authentication - this assures your browser that your data is being sent to the correct computer server, and that the server is secure

Encryption - this encodes the data, so that it cannot be read by anyone other than the secure server

Data Integrity - this checks the data being transferred to ensure it has not been altered.

In General

This page (together with the documents referred to on it) tells you about the terms and conditions on which we supply any of the products (Products) listed on our website cult.co.uk (our site) and on which you may use our site. If you don’t accept the terms and conditions, please do not use our site.

Please read these terms and conditions carefully before ordering any Products from our site. When establishing an account and placing an order, you will be invited to agree to these terms and conditions by clicking ‘Proceed’. If you don’t accept the terms and conditions by ticking this box, you will not be able to order any Products from our site.

You can print a copy of these terms and conditions for future reference.

Miami Competition

Prize draw open to over 21's resident is UK, Germany, France, Netherlands, Belgium, Switzerland, Finland, Denmark, Sweden and Norway only, excluding employees of SuperGroup and their immediate families, their agents or anyone professionally associated with the creation and administration of this draw.

This promotion is void to residents of those countries where local or national laws prohibit participation. Due to the nature of the entry route the responsibility for ensuring compliance is with the entrant.

Promotion Period: 00.01 on 1 February 2013 (BST) until 23.59 on 30th April 2013.

No purchase necessary.

To enter: Visit www.cult.co.uk/miami, fully complete the entry form with all your personal details and submit your entry. Netherlands and Belgium only: For legal reasons, entrants from these countries will need to submit an answer to the question before submitting their entry.

Prize: One prize only. Prize consists of up to six return economy flights from selected European airports to Miami airport (including airport taxes),transfers from Miami airport to accommodation. 5 nights’ accommodation in a private villa (including hotel taxes). Transfers from the villa to Superdry Store, Miami Beach. Superdry products to the value of $1000USD (RRP) which must be claimed in a single transaction. 1x Biscayne Bay cruise for each person. 1x Miami Nightlife Pass per person. Miami Nightlife Pass is valid for up to 7 days unlimited entry into a selection of nightclubs including: Purdy Lounge, Rooftop Lounge at the Townhouse, David & Caruso Magical Comedy Show, Gemma Lounge, Abraxas Lounge, Jazid, SoBe Live, BED, Mango's Tropical Café, Monty's, Clubs and venue are subject to change without prior notice.

Travel dates are subject to availability, but holiday must be taken before 31/08/2013 but cannot be taken during any peak periods such as public and educational holidays in any of UK, France, Belgium, Netherlands, Germany, Switzerland, Canada or Australia. Promotion governed by English law.

No cash alternative. In the event of unforeseen circumstances the Promoter reserves the right to substitute an alternative of equal or greater value for any prize.

No bulk, third party or organised group entries will be accepted. If it becomes apparent that a participant is using a computer(s) to circumvent this condition by, for example, the use of ‘script’, brute force or any other automated means, that person’s entries will be disqualified and any prize award will be void.

Corrupt entries or those not in accordance with entry instructions will not be accepted.

No responsibility is accepted for entries lost, corrupted or delayed as a result of any network, computer hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt.

Winners will be selected in a random draw from all valid entries received by the closing date under the supervision of an independent third party within 15 working days of the closing date. Winners will be notified by email within 5 working days of the draw date. If a winner is unreachable via reasonable means for 5 working days or does not respond to notification they will be disqualified and an alternate winner will be selected as above.

Unless otherwise agreed in writing by the Promoter, prizes will only be available directly to the winning entrant.

Additional Terms for the Prize:

PROTRAVEL HOLIDAY PRIZES

Standard Terms and Conditions

  • Unless otherwise stated, the prize offered is for 6 people travelling together, one of which must be over 21 years old.
  • All locations and dates are subject to availability.
  • All travel/packages must be completed within the time-frame stated within the competition. Extensions to the validity of the prize will not be allowed unless first authorised by the promotional agent. If an extension is not permitted and the winner is unable to travel during the time-frame stated, cash will not be awarded in lieu of the prize.
  • Protravel accept no responsibility for hotels / packages / airlines etc. being withdrawn or amended. In the event of this, Protravel will endeavour to offer a suitable alternative of equal value.
  • Any amendments made by the prizewinner after the booking is confirmed will be subject to administration charges.
  • Additional passengers may accompany prizewinners at the relevant rates provided by Protravel.
  • Passports and Visas are the responsibility and cost of the prizewinner.
  • Transport between home and the airport is the responsibility of the prizewinner unless otherwise stated in the competition.
  • The prize is not transferable or exchangeable, cannot be redeemed as cash and cannot be used in conjunction with any other special offer. There is no cash alternative or refund for unused portions of the prize.
  • Bookings must be made through Protravel, P&MM Ltd, Avalon House, Breckland, Linford Wood, Milton Keynes, MK14 6LD (ABTA number: G0642)
  • Travel insurance is the responsibility of the prizewinner. We would recommend full comprehensive cover is purchased.
  • Prize for 6 adults includes – return private transfers from Miami airport / South Beach, 5 nights at a Miami Party Villa (sharing one villa), a party pass per person, Biscayne Bay Cruise per person and return private transfers from Villa / Superdry Store Miami.
  • Prizewinners must be 21 or over in order to receive a party pass.
  • The prize must be redeemed by 31st August 2013. Travel over Christmas, Easter, UK & US Bank Holidays is excluded. Stay must include a Saturday night.
  • Prizes must be booked a minimum of 4 weeks in advance.
  • A £250 security deposit is payable in cash on arrival at the villa, this will be refunded upon departure providing there is no damage to the property or property contents.

By entering, participants are agreeing to the terms & conditions of this competition, and to the terms of the Promoter’s privacy policy located at www.superdry.com/privacy-policy and http://www.cult.co.uk/terms-and-conditions. Participant’s details will be used primarily to administer the competition as well to notify participants by email of Group products, promotions, competitions and special offers that may be of interest.

Winners may be required to participate in publicity arising from the promotion. The Promoter retains the right to use photographs of the winners taken by the Promoter or its agent in publicity in relation to marketing the Promoter’s products.

The Promoter assumes no responsibility for damages, losses or injuries that result from acceptance of the prize.

If for any reason the Promotion is not capable of running as planned for reasons (including but not limited to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion), the Promoter reserves the right (subject to any written directions given under applicable law) to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the promotion.

If an act, omission, event or circumstance occurs which us beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions the Promoter will not be liable for any failure to perform or delay in performing its obligation.

Facebook does not sponsor, endorse or administer, and nor is it associated with, this Promotion. Any information you disclose during this promotion is disclosed to the Promoter and not to Facebook.

By taking part in this promotion all entrants will be deemed to have accepted and be bound by these terms and conditions.

This Promotion will be governed by the laws of England and the exclusive jurisdiction of the English courts.

Promoter: SuperGroup International Ltd, Unit 60, The Runnings, Cheltenham, Gloucs, GL51 9NW. UK.