Terms and Conditions of Sale
The following Terms and Conditions of Sale (together with the Returns Policy) govern the offer and sale of products purchased via Secure Link. Please read these terms and conditions carefully before ordering any Products. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
The Products purchased via Secure Link are directly sold by Coach Stores Limited t/a Kate Spade (hereinafter referred to as “Kate Spade”, the “Vendor” or "We" or "Us").Coach Stores Austria GmbH hat Ihr registriertes Büro in der Teinfaltstrasse 8/4, 1010 Vienna Nummer FN 433816 s eingetragen, MwSt AT U69572134 und EORI ATEOS1000068325.
Request for further information can be sent to Kate Spade Customer Care, Coach Stores Limited, Brunel Building level 7, 2 Canalside Walk, London W2 1DG.
1. Our Business Policy
1.1 We supply our products (the “Products”) for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
1.2 These Terms and Conditions of Sale regulate the offer, transmission and acceptance of purchase orders relating to the Products purchased via Secure Link.
2. How to Execute a Contract With the Vendor
2.1 To place an order for the purchase of one or more Products, you must call your local Kate Spade Retail Store and request to purchase your desired Products. An email containing a secure link to pay for the Products (the “Secure Link”) will be sent to the email address you have provided.
2.2 To complete the order, you must click on the Secure Link and fill out the payment form, following the instructions provided.
2.3 An order shall be deemed to have been submitted when Kate Spade receives your payment.
2.4 Before submitting your payment for the purchase of Products, you will be asked to carefully read the Terms and Conditions of Sale. We recommend that you print a copy using the print option and to save or reproduce a copy thereof for your own personal use.
2.5 English is the language used for executing contracts with Kate Spade.
2.6 After your order has been submitted, Kate Spade will process your order.
2.7 We reserve the right, at any time after receipt of your order, to accept or decline it, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged.
2.8 We may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the Products are no longer available or fraud is suspected. In the above cases, we shall inform you by e-mail that the contract has not been executed and that we have not carried out your purchase order for one or several of the above reasons. If payment has been made for items that are no longer available, we will refund the amount paid for those items.
2.9 By making payment via the Secure Link and contracting with Kate Spade, you unconditionally accept and undertake to observe the provisions of these Terms and Conditions of Sale. Should you not agree with certain provisions of these Terms and Conditions of Sale, please do not submit the payment form.
2.10 Should you wish to cancel your order, please contact Customer Care. Cancellation may not be possible, however, you are entitled to return your purchase in the conditions provided in our Return Policy.
2.11 Upon submission of a payment form via the Secure Link, Kate Spade will send you a confirmation e-mail, containing a summary of the order (the products' main characteristics, information on the price and payment).
3. Product and Pricing Information
3.1 Kate Spade only offers products marked with the "Kate Spade" trademark. These products are purchased by us directly from the manufacturers authorized by Tapestry, Inc.
3.2 We do not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
3.3 Products purchased may be out of stock (especially during seasonal sales) or discontinued and the prices are subject to change. Subject to the foregoing, any prices displayed are quoted in EURO VAT included, and are effective only for purchases within Austria.
3.4 Promotional offers and sales offered in stores do not apply to purchases made via Secure Link.
3.5 Products may come in a protective packaging and/or with an identification tag attached with a disposable seal. When trying on the products you should neither alter the Products nor remove or alter the tag or seal from the purchased Products. Failing to take these precautions, you would not be allowed to return the purchased Products.
4. Disclaimer
4.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE VENDOR BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OF THE SECURE LINK OR THE VENDOR’S SITES AND/OR THE USE OF THE VENDOR’S PRODUCTS. However, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, and for defective products under the Consumer Protection Act 1987
5. Payments
5.1 Payment must be made by using one of the procedures indicated on the payment form.
5.2 We accept Visa, MasterCard, American Express, Maestro. If you are using a payment card in another currency than Euros, your bank may charge a fee for the transaction which we cannot predict or refund.
5.3 Your payment will be authorized once the payment form has been submitted, and fully debited several days later.
5.4 In case of payment by credit or debit card, our payment system ensures secure transactions, since all financial information (credit card number, expiry date, etc.) go directly to Adyen which, thanks to an encryption protocol, guarantees the security of online transactions. Such financial information will not be used by Kate Spade except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police.
6. Return Policy
We hope you enjoy your Kate Spade purchase. If for any reason you are not satisfied, please return your item(s) to your local Kate Spade store, presenting a valid receipt, within 30 days of purchase for full refund or exchange. All merchandise must be in new and unused condition and accompanied by the original receipt for us to accept the return. If eligible, we will process your return for a full refund in the original form of payment and to the same account you used to pay for the item(s). These terms do not affect your statutory rights.
Exclusions • We do not accept returns of pierced jewellery or liquid products where the hygiene seal or cellophane wrapper has been broken or removed. • We do not accept returns of custom-made items and monogrammed Products.
7. Privacy
7.1 You will find information on how we process your personal data by visiting the UK Privacy and Cookie Notice available at https://www.katespade.co.uk/en-gb/customer-care/privacy-policy.html.
7.2 For further information on our privacy policy you can contact us at privacy@tapestry.com or Kate Spade Customer Care, Coach Stores Limited, Brunel Building level 7, 2 Canalside Walk, London W2 1DG.
8. Governing Law & Disputes
8.1 Ideally, we aim to resolve complaints internally within a reasonable timescale. If a solution cannot be found, you may decide to take your complaint to the RetailADR. This is an independent organisation specialising in providing an alternative dispute resolution service for consumers and retailers. You will need to refer your complaint to the RetailADR within 12 months after our final response. They can be contacted via: Post: RetailADR, 33 Floor, Euston Towers, 286 Euston Road, London NW1 3DP Telephone: 0203 137 8268 Website (for further information, conditions and online filing): https://www.retailadr.org.uk/ .
8.2 Alternatively, please note that the European Commission provides an online dispute resolution platform which may be accessed here: https://ec.europa.eu/odr. If you would like to bring a matter to our attention, please send us an email at EUNotices@tapestry.com.
8.3 Any dispute relating in any way to these Terms and Conditions of Sale, or to any purchase, return or other transaction made via Secure Link (collectively, “Dispute”) shall be governed and construed by English laws. You agree that proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You consent to the exclusive jurisdiction of the English courts. However, if you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts, and if you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
9. Amendments and Updates – Entire Agreement
9.1 Kate Spade may at any time revise these Terms and Conditions of Sale. You are bound by any revisions and should periodically visit this page to review the current terms and conditions which apply to your purchase.
9.2 The invalidity of any term, condition or provision in these Terms and Conditions of Sale shall not affect the enforceability of those portions of the Terms and Conditions of Sale deemed enforceable by applicable courts of law.
