Begg Shoes & Bags
Terms & Conditions
This website is operated by Begg Shoes & Bags Limited (“Begg Shoes & Bags” or “Begg Shoes”). By placing an order with us you are agreeing to accept the terms and conditions (the “Terms of Service”) set out below as well as the information on our Delivery & Returns and Cookies & Privacy pages. To make the Terms & Conditions more digestible we have split the various subjects into the headings below, so you find it easier to navigate.
If you have any further questions, then please do email [email protected] or phone +44 01463239189. Thank you for shopping with Begg Shoes from the Begg family and all the staff in our great business.
1. Our Agreement With You
2. Processing Your Order
5. Basis of Sale
6. Price of the Goods
7. Discount Codes
8. Force Majeure
11. Privacy Notice
13. Intellectual Property, Software and Content
14. Further Legal Clauses
Access to and use of this Website and the products and services available throughout (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all the Terms of Service, as may be updated by us from time to time. You should check this page regularly as we may have made changes to the Terms of Service.
1. Our agreement with you
In this agreement, we are Begg Shoes and Bags Limited, 28 Union St, Inverness, IV1 1PX and you are the person detailed on the Order Confirmations.
When you place an order, you will receive an order acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed, with the exception of when a change has been made after an order placed (at the request of the customer) either in writing or verbally. The contract formed will be with the new requested product(s) rather than the original product(s) on the order confirmation.
Our agreement is made on the date we deduct payment from your nominated payment method, details of which you provided on the order confirmation email. Our agreement includes all correspondence from us to you.
2. Processing your order
We will send a confirmation email by way of acknowledging your order within 24 hours. This email does not constitute acceptance of your order by us.
If your chosen products are in stock your order will be processed. We will deduct the price payable for your chosen products plus any shipping charges from your nominated payment method.
Should you not receive your chosen products within 10 days of despatch please contact us to let us know by email or by telephone. (For non-UK mainland orders please allow up to 25 days). You will then be given the choice of:
a) Cancelling your order whereupon we will refund the full price you paid and the postage up to the value of £4.49, or
b) After a further waiting period as agreed by us, we will despatch a replacement order provided the goods remain in stock. If no stock is available, we will cancel and refund the order.
If the goods should turn up after the order has been cancelled and refunded or a duplicate order delivered, you must contact us to arrange payment for the duplicate items or to arrange return of the goods.
We ask that you return the goods to us, in their original condition and with the original packaging, within 30 days of receipt. Once the goods are received in-store we will refund the product price within 5 working days of receipt of the goods. We will not refund postage or any other associated costs of returning goods to us. You will be advised by email as soon as the refund is applied.
If you choose to use the Royal Mail returns service we will deduct a flat rate charge of £2 / item from the refund you receive.
Packaging must also be in good condition (e.g. box, labels, tissue and fillers). We reserve the right to impose a re-boxing charge (currently £7.00) for excessively damaged packaging or to refuse to accept the goods returned should we deem them unfit for re-sale. All insoles, shoe care and foot care products are non-returnable.
If you wish to exchange your order for an alternative, please simply return the item as per instructions above and create a new order online for the item(s) you now prefer. This will be processed separately as a new order.
For faulty or incorrect items please contact us to arrange their return. Upon receipt we will either refund in full with postage up to the value of £4.49 for UK customers, or despatch an alternative. Please note that we can provide pre-paid Royal Mail postage labels for an easy & cost free returns process for UK customers.
We always aim to ship your order as soon as we possibly can, in some cases we ship items within an hour of receiving your order, this means our delivery service is highly efficient. If you wish to cancel your order before it has been shipped we need to be contacted immediately, ideally by both telephone +44 01463239189 and by email to [email protected] so we can prevent your order from being shipped.
As a consumer you automatically get a 14 day cooling-off period when you buy something you haven't seen in person and as long as the item is still in an unworn condition with it's original packaging and has not been modified you are entitled to a full refund. Your 14 day cooling-off period commences as soon as your order is received. To notify us of this cancellation please click here to fill in a form which needs to be signed and returned to us with the cancelled item.
5. Basis of Sale
The terms of this, Our Agreement with You, shall govern our contract to the exclusion of any other terms and conditions.
You are responsible for ensuring the accuracy of your Order and the details provided in your Order Summary and Order Confirmation.
The quantity and description of your chosen products shall be those set out in the Order Summary and Order Confirmation unless we subsequently agree otherwise.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. Begg Shoes & Bags retains the right to refuse any request made by you.
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
6. Price & Availability of the Goods
All orders are subject to availability and confirmation of the order price.
The price of the Goods shall be the price quoted by us on our Website next to the illustration/description of your chosen products, unless agreed otherwise by us in writing. All prices unless otherwise stated are displayed in pounds sterling (GBP). We are an international business and as such our website translates prices at a determined exchange rate in EUR, USD and AUD. Prices can therefore vary from day-to-day and we reserve the right to change prices for products at any time without prior notice. Where applicable, the price is inclusive of any payable value added tax.
Where applicable delivery costs will be charged in addition; such additional charges are clearly displayed and included in the 'Total Cost'. Please click here to see our Delivery terms and information including Christmas Delivery Information.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
As we are not simply an online warehouse operation, our shoes that you see online are also available to buy in-store. It is therefore possible that shoes sent may have been tried on by customers in-store (with pop-socks) or may have sale labels attached to the footbed. The sale labels are a practical necessity in "bricks & mortar" retailing and can be easily removed.
7. Discount Codes
Discount or Promotion Codes may from time to time be offered to Begg Shoes Loyalty Scheme Members; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
If a promotional discount, such as an exclusive online discount, was applied to your original order and you return any part of that order, Begg Shoes reserves the right to withhold from any refund the amount of discount received if the amended order no longer qualifies for that discount.
The conditions of use relating to any discount code will be specified at the time of issue.
8. Force Majeure
We shall not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:-
· Act of God, explosion, flood, fire or accident.
· War or threat of war sabotage insurrection civil disturbance or requisition.
· Acts restrictions regulations bye-laws prohibitions or measures of any kind on the part of any governmental parliamentary or local authority.
· Import or export regulations or embargoes.
· Strikes lock-outs or other industrial actions or trade disputes (whether involving employees of us or of a third party).
· Power failure or breakdown in machinery.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery & Returns page for further information
Thankfully we receive very few complaints but, in a scenario, where you do have a complaint, we have an efficient & customer focused complaint handling procedure which we use to try to resolve disputes ASAP. Please let us know if you have any complaints or comments. In the first instance please either phone +44 01463 239189 or email [email protected] with details of your complaint. As a family run business we take great pride in offering first class customer service, as our excellent rating on Trustpilot and Reviews.co.uk demonstrates. We will always endeavor to satisfy our customers and find a fair resolution to all complaints.
If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby.
The Contract shall be governed by the laws of Scotland.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if our Website is unavailable at any time or for any period. We reserve the right to restrict access to some parts or the entire Website.
This website also contains links to other websites, which are not operated by Begg Shoes & Bags (the “Linked Sites”). Begg Shoes & Bags has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms and policies of use and service contained within any such site.
In respect of any ordered goods, the terms and conditions which apply shall be those which you accepted when you placed your order.
Begg Shoes & Bags Ltd reserves the right to amend these terms or make any changes to all or part of this site, or any promotional offers, at any given time without prior consent.
11. Privacy Notice
- Begg Shoes and Bags Limited (“We” “Us” “Our”) are committed to protecting and respecting your privacy.
2. INFORMATION WE MAY COLLECT FROM YOU
A. We may collect and process the following data about you:
1. Information that you provide by filling in forms on our site (“Site”). This includes information provided at the time of registering to use Our Site, subscribing to Our service, posting material or requesting further services. We may also ask you for information when you report a problem with Our Site;
2. If you contact Us, We may keep a record of that correspondence;
3. We may also ask you to complete surveys that We use for research purposes, although you do not have to respond to them;
4. Details of transactions you carry out through Our Site and of the fulfilment of your orders; and
B. Details of your visits to Our Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for Our own billing purposes or otherwise and the resources that you access.
3. IP ADDRESSES
We may collect information about your computer including, where available, your IP address, operating system and browser type for system administration and to report aggregate information to Our advertisers. This is statistical data about Our users’ browsing actions and patterns, and does not identify any individual.
5. WHERE WE STORE YOUR PERSONAL DATA
- The data that We collect from you may be transferred to and stored at a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for Us or for one of Our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services.
- All information you provide to Us is stored on Our secure servers. Where We have given you (or where you have chosen) a password which enables you to access certain parts of Our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
- Unfortunately, the transmission of information via the internet is not completely secure. Although We will do Our best to protect your personal data, We cannot guarantee the security of your data transmitted to Our Site; any transmission is at your own risk. Non-sensitive information e.g. your email address, is normally sent over the internet without encryption technology.
- Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.
6. USES MADE OF THE INFORMATION
A. We use information held about you in the following ways:
1. to ensure that content from Our Site is presented in the most effective manner for you and for your computer;
2. to provide you with information, products, services, promotions or special offers that you request from Us or which We feel may interest you, where you have consented to be contacted for such purposes;
3. to carry out Our obligations arising from any contracts entered into between you and Us;
4. to allow you to participate in interactive features of Our service, when you choose to do so; and
5. to notify you about changes to Our service.
B. If you supply your email address by signing up to Our Loyalty Scheme without placing an order, We may have to pass your email to a third party organisation in order to offer you the opportunity to purchase from Us. Your email address will not be used for any other purpose and will not be held on file by Us or any third parties after the reason for collecting it has lapsed.
C. We do not disclose information about identifiable individuals to Our advertisers, but We may provide them with aggregate information about Our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data We have collected from you to enable Us to comply with Our advertisers’ wishes by displaying their advertisement to that target audience.
D. Any personal information held or processed will be kept up-to-date and will be destroyed as soon as the reason for its collection or processing has lapsed except where legislation requires we hold your information for a certain period (e.g. compliance with UK taxation legislation).
7. DISCLOSURE OF YOUR INFORMATION
A. We may disclose your personal information to third parties:
1. in the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets;
2. if our company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; and/or
3. if We are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply Our Terms of Service and other agreements; or to protect Our rights, property, or safety of Our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
8. YOUR RIGHTS
1. You have the right to ask Us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if We intend to use your data for such purposes or if We intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by not selecting the Loyalty Scheme opt in at the checkout. If you opted into the Loyalty Scheme, You can also exercise the right at any time by contacting us at [email protected] or by clicking “unsubscribe” at the foot of our emails to you.
2. Our Site may, from time to time, contain links to and from the websites of Our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
9. ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet Our costs in providing you with details of the information We hold about you.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Begg Shoes & Bags will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Begg Shoes & Bags or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Begg Shoes & Bags and its licensors.
You may store, print and display the content supplied solely for your own personal use.
You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Begg Shoes & Bags or its licensors.
Further Legal Clauses
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Begg Shoes & Bags and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Begg Shoes & Bags’ liability for death or personal injury arising from its negligence, or for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Disclaimer as to ownership of trade marks, images of personalities and 3rd party copyright
Except where expressly stated to the contrary 3rd party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Begg Shoes & Bags and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Begg Shoes & Bags.
Linking to this Website
You may link to Our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
We reserve the right to withdraw linking permission without notice.
You agree to indemnify, defend and hold harmless Begg Shoes & Bags, its directors, officers, employees, consultants, agents, and affiliates, from any and all 3rd party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Scotland in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Scottish courts.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Begg Shoes & Bags.
Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Begg Shoes & Bags Limited.
Begg Shoes & Bags, Begg Shoes, beggshoes.com, deshoes.co.uk, shoesat105.com & shoesatqsp.com are trading names of Begg Shoes & Bags Limited, 28 Union Street, Inverness, IV1 1PX, registered in Scotland SC257794. VAT number 790 1220 56. Telephone 01463 239189 and [email protected]