1 ON-LINE TERMS AND CONDITIONS OF SALE
1.1 These terms and conditions of sale (“General Terms of Sale”) apply to any order you place on www.genellondon.com (the “Website”) which we own and maintain. The General Terms of Sale apply regardless of how you access the Website (including via mobile or handheld device such as smart phones or tablet).
1.2 You must read the General Terms of Sale, Website Terms and Privacy and Cookies Policy carefully (collectively referred to as the “Standard Terms”). We advise that you print and keep a copy of the Standard Terms for your own records. By placing an order on the Website you confirm that you have read, understood and agree to these Standard Terms. If you do not agree to these Standard Terms in their entirety, you must not order any goods using the Website.
Placing an Order
1.3 Our shopping pages will guide you through the steps needed to place an order with us. You may need to open an account with us to place an order. Details on how to open an account are available on the relevant section of the Website. It is your responsibility to ensure that all information provided by you via your account is up to date and accurate at all times, and that your account details (including any passwords) are secure.
1.4 You must be at least 18 years old to place an order with us. In placing an order, you confirm that you are at least 18 years old and that all details provided to us are true and accurate. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
1.5 Each order you place is an offer by you to purchase the goods in accordance with the Standard Terms. All orders are subject to acceptance and availability. We retain sole discretion as to whether or not to accept your offer. We reserve the right not to accept orders for goods which we consider are placed by dealers, resellers or distributors.
1.6 You should note that: (a) acceptance of the on-line checkout process; and/or (b) any automatic email notification that we have received your order and are processing it, do not constitute our acceptance of your offer to purchase the goods. Please see below ‘Acceptance of your Order and Order Confirmation’ for details as to when an order is accepted by us and a contract is formed. You can cancel an order at any time before we send you an Order Confirmation. You must check the details of your order carefully before placing as we cannot guarantee that changes can be made once the order has been accepted by us. This is especially important for customers wishing to order Made-to-Measure or other custom made or personalised goods.
Acceptance of your Order and Order Confirmation
1.7 We will confirm acceptance of your offer to purchase goods by sending you an email confirming that the goods have been dispatched, or in the case of Made-to-Measure by commencing manufacture of the relevant item(s) (“Order Confirmation”). The Order Confirmation will set out details of the goods ordered, the total price, any delivery charges, estimated delivery date and any other information which we consider useful.
Please note that the contract between us will only be formed once we have sent you an Order Confirmation. The Standard Terms, and any other terms and conditions which we have brought to your attention, are incorporated into the contract and form the basis of the contract between us. The duration of our contract will start from Order Confirmation and will end on the last day of your right to cancel (see below ‘Your right to cancel an Order’).
1.8 If we cannot supply the goods you order, we will not process your order. We will inform you in writing (including email) and if you have already paid for the goods we will refund you as soon as reasonably practical.
1.9 The price of the goods and our delivery charges are as set out on the Website from time to time. Prices are valid at the time you place an order, except in the case of obvious error.
1.10 We supply a large number of goods on our Website and while we use every effort to ensure that prices are correct, it is possible that from time to time some goods may be incorrectly priced. Should this occur we will contact you to confirm whether you still wish to purchase the goods at the corrected price. Alternatively, if the price on the goods is lower than the price stated on the Website, we will charge you the lower amount when dispatching the goods.
1.11 Sales taxes and duties will be calculated according to your delivery destination. For orders placed within the European Union, all prices shown include the applicable value added tax (VAT). If your delivery destination is outside the European Union, your order will not be subject to VAT but may be subject to import duties and taxes. It is your responsibility to pay any such duties and taxes.
1.12 We reserve the right to amend our prices and delivery charges at any time. This does not apply to any goods for which we have sent you an Order Confirmation.
1.13 We accept payment by credit card, debit card, PayPal or as otherwise stated on the Website. Payment for goods will be due at the time we accept your order (see above ‘Acceptance of your Order and Order Confirmation’). We may carry out a standard pre-authorisation check on your payment card. We will only take payment once an Order Confirmation has been sent and the goods are ready to be dispatched. Separate payment arrangements (including deposit requirements) apply in respect of Made-to-Measure orders. For further details please contact our Customer Services.
1.14 Purchases will be made in pounds sterling. If you are paying in another currency, your card issuer or bank will determine the exchange rate and may also require you to pay an additional processing or administration charge.
1.15 By completing your payment details you confirm that you are at least 18 years old and that the credit card or debit card being used belongs to you, you are authorised to use the payment method provided and that there are sufficient funds to cover the price of the goods.
1.16 All card payments are subject to authorisation from your card issuer. If your payment is not authorised we may refuse to accept your order and will not have any responsibility to you for non-delivery of the goods.
1.17 All goods ordered remain the property of GENEL LTD until these have been delivered to your delivery address and we have received payment in full for the goods (including any delivery charges and/or any applicable sales taxes and duties). If for any reason, you have received the goods without having paid for these in full, you must pay for or return the goods to us in accordance with our instructions. Goods must be returned in their original condition and packaging, and at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the goods at your expense. We may also charge you for any damage caused to the goods while in your possession.
1.18 We use a third party courier / delivery service. Please check the third party courier’s / delivery services’ website for details on their standard delivery terms and conditions and for details on how to track your order. In most cases a signature will be required from you or the named recipient. You should check the goods carefully against your order, as we may not be liable for any damaged or incorrectly supplied goods that you fail to notify us of within a reasonable period and no longer than 2 Business Days after delivery (see below ‘Returns and Exchanges’ and ‘Damaged or faulty goods, and incorrectly supplied goods’).
1.19 Goods supplied are for personal and domestic use only and are not for resale or commercial use. You must take care when unpacking goods and trying on goods to ensure that you do not damage them. All goods must be used in accordance with their care and storage instructions. We cannot accept liability for any goods which have not been used in accordance with their care and storage instructions.
1.20 Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our goods may not be available for delivery to certain destinations outside the European Union. We reserve the right to determine what can and cannot be delivered to which destination. If you are in any doubt, please contact our Customer Services before placing an order.
1.21 We will be responsible for the goods until they have been delivered to your nominated delivery address. All risk in the goods you order (including risk of loss or damage) passes to you when the goods are delivered to your nominated delivery address. However, you will not own the goods unless you have paid for them in full (see above, ‘Payment’).
1.22 We are not liable for any delay or failure to deliver goods where the delay or failure is due to circumstances outside our control such as material shortages, import delays, higher than anticipated demand, labour shortages or strikes, or other unforeseen circumstances including but not limited to act of God, fire, explosion, storm, flood, earthquake or other natural disaster, civil commotion, war or terrorist activity.
Your right to cancel an Order
1.23 If you are resident in the UK or another member state of the European Union (which excludes the Channel Islands) and you contract with us as a consumer on-line or by phone, you have a legal right to cancel all or part of your contract at any time after you receive the Order Confirmation. You must exercise this right within 14 calendar days after the day on which you receive the goods ordered. In the case of multiple goods ordered under the same contract, your right to cancel the contract can be exercised up until 14 calendar days after the last item is received.
1.24 Please note that the above legal right to cancel your order does not apply to certain goods such as Made-to-Measure, custom made goods, gifts or personalised items. Should you wish to cancel an order for Made-to-Measure, custom made goods, gifts or personalised items you should follow our standard returns and exchanges procedure (see below, ‘Returns and Exchanges’).
1.25 You must not have used, damaged, tampered with or worn the goods. Returned goods must have their original garment tags and care instructions attached. If returned goods are damaged or soiled in any way, we may not accept them and may send them back to you and/or refuse a refund. You must follow the cancellation process below.
1.26 If you decide to cancel your order you must contact our Customer Services in writing by email or by letter. You must state clearly your intention to cancel the order. We recommend you use the template Customer Contract Cancellation Form available on our webaite To enable us to deal with your request efficiently, you should include details of your order such as your order number or Order Confirmation reference. You should keep a copy of your cancellation notification for your own records. We will treat any properly given cancellation as effective from the date of your email or date you posted the letter to us. We will send you details and instructions for returning the goods to us.
1.27 Where you exercise your cancellation right, you have a legal obligation to take care of the goods in your possession and to return these to us promptly. You are responsible for returning the goods to us in accordance with any instructions we issue to you, and at your own cost. Goods should be returned to GENEL LTD, 156 High Road, Loughton, IG10 4BE, London, England, United Kingdom and in their original condition and packaging, unless otherwise instructed by us. We recommend that you use a reputable firm that has a secure and trackable means of returning the goods and that the goods are insured, as you will be responsible for any damaged or lost goods.
1.28 We will only refund you the full price of the goods (including any applicable delivery charges) once we have received the goods and confirmed that they are in perfect condition, suitable for re-sale by us. We will process your refund within 14 calendar days of us receiving the goods. Refunds will be credited to the card used by you to pay for the goods. Where paid delivery charges are included in your refund, we will only be liable for standard delivery charges to your nominated delivery address and not for any special or expedited charges you may have paid (such as next-day delivery). If we have supplied goods to you under a free delivery option, we will deduct the cost of the standard delivery option from any refund due to you.
1.29 Where you cancelled your order before the goods were dispatched, your refund will be processed within 14 calendar days of the date of your cancellation notification.
Returns and Exchanges
1.30 Where the above ‘Your right to cancel an Order’ does not apply, you may still return goods (except for Made-to-Measure, custom made or personalised items) to us for whatever reason within 10 calendar days after you have received the goods, for a full refund or replacement. Delivery charges or any sales taxes or duties paid for international deliveries will not be refunded. If we have supplied goods to you under a free delivery option, we will deduct the cost of the standard delivery option from any refund due to you, or in the case of replacement, we may seek to recover the cost of standard delivery option for the original item from you.
1.31 Discounted or sale items may not be returned unless faulty and the fault was not disclosed at the time you placed your order or received the Order Confirmation.
1.32 You must not have used, damaged, tampered with or worn the goods. Returned goods must have their original garment tags and care instructions attached. If returned goods are damaged or soiled in any way, we may not accept them and may send them back to you and/or refuse a refund. You must follow the cancellation process below.
1.33 You must contact our Customer Services as soon as reasonably practical after receiving the goods (either by phone, email or letter) to notify us of your intention to return the goods. You should keep a copy of your notification for your own records. We will send you details and instructions for returning the goods to us. A copy of the template Returns Form will be included in your delivery. Alternatively, you can access a copy of the template Returns Form is available on our website.
1.34 You have a legal obligation to take care of the goods in your possession and to return these to us promptly. You are responsible for returning the goods to us in accordance with any instructions we issue to you, and at your own cost. Goods should be returned to GENEL LTD, 156 High Road, Loughton, IG10 4BE, London, England, United Kingdom and in their original condition and packaging, unless otherwise instructed by us. We recommend that you use a reputable firm that has a secure and trackable means of returning the goods and that the goods are insured, as you will be responsible for any damaged or lost goods.
Damaged or faulty goods, and incorrectly supplied goods
1.35 You have a legal right to return goods that are damaged or faulty when supplied (including where the goods are not as described) or that have been incorrectly supplied. If you are returning goods that were damaged when you received them or were incorrectly supplied, we may offer to repair the goods, or provide replacement product rather than a refund.
1.36 Please contact our Customer Services to arrange a repair, replacement product or refund. You must follow any instructions given for the return of the goods. A copy of the template Returns Form will be included in your delivery. Alternatively, you can access a copy of the template Returns Form is available on our website. Returned items must have their original garment tags and care instructions attached. Refunds will not be processed until we have had the opportunity to inspect the returned goods and confirm that the goods are damaged, faulty or incorrectly supplied.
1.37 Any refund made by us will be credited to the card used by you to pay for the goods within 14 calendar days of us receiving the goods and confirming that they are damaged, faulty or incorrectly supplied. A refund will cover the full price paid for the goods (including delivery charges) and any reasonable costs you incur in returning the goods to us.
1.38 For further information on your legal and statutory consumer rights please contact your local Trading Standards authority or consumer advice centre (such as the Citizens Advice http://www.citizensadvice.org.uk/, Trading Standards http://www.tradingstandards.gov.uk/, or Competition and Markets Authority https://ww
1.39 We make every effort to display as accurately as possible the colours and images of our goods on the Website. We cannot however, guarantee that your computer monitor’s or device’s display of any colour will be accurate and as such we do not accept any liability for any non-material differences in colour displayed and actual colour supplied. The reference here to devices includes any mobile or other handheld device such as smart phones or tablets.
1.40 Any goods we supply to you will be of satisfactory quality. If we deliver goods that are not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund. Please see above for ‘Damaged or faulty goods, and incorrectly supplied goods’ for the process to be followed.
1.41 If we breach the contract, we shall only be liable for losses suffered by you which are reasonably foreseeable as a result of our breach. Losses are reasonably foreseeable if they could be contemplated by you and us at the time of entering into the contract.
1.42 We are not responsible for losses that: (a) were not caused by our breach; (b) are indirect losses. Indirect losses are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into the contract. Examples of indirect losses include but are not limited to, loss of profits, loss of revenue, business interruption, lost data; (c) arise out of failure or delay to provide the goods where this was due to circumstances beyond our reasonable control.
1.43 Our total liability to you in connection with each contract shall not exceed the value of goods ordered by you under the relevant contract.
1.44 There are certain liabilities which we cannot exclude by law. Nothing in these Standard Terms limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation by us, our employees or agents.
1.45 We may amend the Standard Terms from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments shall be posted on the Website. You should check that you are referring to the most up to date version of the Standard Terms.
1.46 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under the contract. Each contract is personal to you and you may only transfer your rights or obligations under the contract if we agree in writing.
1.47 These Standard Terms are not intended to give rights to anyone except you and us. No third party shall be entitled to enforce these Standard Terms.
1.48 If you breach a contract and we do not take any action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the contract. If a competent court in England & Wales finds any part of a contract and/or these Standard Terms to be illegal, invalid or unenforceable the rest of the contract and/or Standard Terms shall remain in full force and effect.
1.49 The Standard Terms are governed by the laws of England & Wales. We will try to resolve any disputes over a contract with you. However, should this not be possible, all disputes will be subject to the exclusive jurisdiction of the courts of England & Wales. Should you wish to take court proceedings against us, you must do so in England & Wales.
2.1 These terms and conditions apply to your use of www.genellondon.com (the “Website”) which we own and maintain. By using our Website, you agree to be bound by these Website Terms. We advise that you print and keep a copy of the Website Terms for your own records. If you do not agree to the Website Terms in their entirety, you must stop using the Website immediately.
Your use of the Website
2.2 The Website is designed for the purposes of promoting GENEL LTD goods as available in the UK. We may accept orders for delivery to locations outside the UK subject to customs, legal, regulatory and certain practical restrictions. Persons accessing the Website outside the UK or placing orders for delivery of goods to locations outside the UK are responsible for ensuring their own compliance with any relevant local laws regarding use of the Website.
2.3 You may only use the Website for lawful purposes. You must not use the Website in any way that infringes on the rights of anyone else or restricts anyone else’s use and enjoyment of the Website.
2.4 You may not without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to or distribute in any way the web pages or materials on the Website, or alter or tamper with any software (including source code), databases or other technology that forms part of the Website other than solely for your own personal use. You may not use the content of the Website for any commercial purposes.
2.5 You must be at least 18 years old to post any information or content on our Website. You must not email, publish or otherwise disseminate any information or content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or that is otherwise inappropriate or offensive.
2.6 You are responsible for ensuring that all persons who access our Website through your internet connection comply with these Website terms.
2.7 We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe that you have breached any of the terms and conditions.
Ownership of intellectual property rights
2.8 All rights, including copyright, branding, logos, registered and unregistered trademarks and other intellectual property rights, in and to this Website are owned or licensed to GENEL LTD. The names GENEL and MISS GENEL and the related logos are our trademarks and all items displayed on our website are copyrighted to GENEL LTD.
2.9 Your use of the Website and its content grants no rights to you in relation to our intellectual property rights or that of third parties. By submitting information (other than your personal data) or content to the Website you confirm that you have the right to use the same and grant us a right to use such materials at our discretion in any media including without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website.
Availability and content
2.10 The Website is provided “as is”. We do not guarantee that the Website will be available or fault free and do not accept any liability for errors or omissions. We may suspend or terminate the Website without notice at any time if we feel this is necessary or desirable (for example, to carry out maintenance or updates).
2.11 We provide the content on the Website in good faith but cannot guarantee that any content is accurate, complete or up to date or that the Website does not infringe any rights of any third party. Except where required by law such as in the case of fraudulent misrepresentation, we do not accept responsibility for your reliance on the Website.
2.12 We take reasonable efforts to ensure that the Website is free from viruses and other malicious or harmful content. We cannot however, guarantee that your use of this Website will not cause any damage to your computer or other device used to access the Website (including any mobile or other handheld device such as smart phones or tablets). It is your responsibility to ensure that you have the right equipment (including anti-virus software) to use the Website safely. Except where required by law, we will not be liable to any person for any loss or damage suffered as a result of viruses or other malicious or harmful content accessed via the Website.
Links to third party websites
2.13 From time to time, we may place links to other websites on our Website. We do not control such third party websites and are not responsible for their content. Except where required by law, we are not liable in respect of your use of third party websites. You should always check carefully the terms and conditions of use for any third party websites you visit or access from the Website.
Password / account security
2.14 Where you are required to set up an account to purchase goods through the Website, you are responsible for maintaining the confidentiality of your password and account and any activities under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You must notify us immediately if there has been (or you suspect that there has been) unauthorised use of your password or account.
2.15 We reserve the right to cancel your account at any time without prior notice to you.
2.16 If we breach these Website Terms, we shall only be liable for losses suffered by you which are reasonably foreseeable as a result of our breach. Losses are reasonably foreseeable if they could be contemplated by you and us at the time of entering into these terms and conditions.
2.17 We are not responsible for losses that: (a) were not caused by our breach; (b) are indirect losses. Indirect losses are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into these terms and conditions. Examples of indirect losses include but are not limited to, loss of profits, loss of revenue, business interruption, lost data; (c) arise out of failure or delay to meet our obligations under these Website Terms where this was due to circumstances beyond our reasonable control.
2.18 There are certain liabilities which we cannot exclude by law. Nothing in these Website Terms limits out liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation by us, our employees or agents.
2.19 We may update or amend the Website Terms from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. We recommend that you regularly check the Website to ensure that you are using the most recent terms and conditions. By continuing to use the Website, you agree to be bound to the amended or updated Website Terms.
2.20 We may transfer our rights and obligations under these Website Terms to another organisation, but only where this will not adversely affect the standard of service which you receive under these Website Terms. These Website Terms are personal to you and you may only transfer your rights or obligations under these terms and conditions if we agree in writing.
2.21 These Website Terms are not intended to give rights to anyone except you and us. No third party shall be entitled to enforce these Website Terms.
2.22 If you breach the Website Terms and we do not take any action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the these terms and conditions. If a competent court in England & Wales finds any part of these Website Terms to be illegal, invalid or unenforceable the rest of the Website Terms shall remain in full force and effect.
2.23 The Website Terms are governed by the laws of England & Wales. We will try to resolve any disputes over the terms and conditions with you. However, should this not be possible, all disputes will be subject to the exclusive jurisdiction of the courts of England & Wales. Should you wish to take court proceedings against us, you must do so in England & Wales.
3 PRIVACY AND COOKIES POLICY
3.2 When you purchase goods on the Website, we require certain information from you to process your order, ensure safe and secure delivery and to make your visit to the Website a more enjoyable and relevant experience.
3.4 You must be at least 18 years old to use the Website. If you are under the age of 18, you must not use the Website or submit any personal data unless you have the consent and supervision of a parent or legal guardian.
3.5 For the purposes of the relevant data protection legislation, the data controller is GENEL LTD, 156 High Road, Loughton, London IG10 4BE, England, United Kingdom.
The personal data we collect from you
3.6 When you make purchases from the Website, we may collect the following data from you:
§ Your name, age, sex and date of birth;
§ Your billing and delivery postal address, phone (landline and/or a mobile phone), fax and email details;
§ Any user name and password for account holders;
§ Your payment card details, including CVC number, the expiry date of the card, details of the registered address of the card (referred to on the Website as the “billing address”);
§ Your communication and shopping preferences;
§ Other information notified by us to you prior to its collection, processing or storage.
3.7 We may pass this information to certain third parties such as credit card companies or credit checking agencies to assess your credit authorisation or to couriers so they can contact you concerning your delivery.
3.8 We may also obtain and use information about you as a result of authentication or identity checks (such as your IP address).
3.9 We do not sell, trade or rent your personal information to companies outside the GENEL group.
How we store and use your information
3.11 Any data we collect is used by us to help make the shopping experience provided to you as enjoyable as possible and to improve your experience on return visits to the Website. We may contact you by email, telephone or by post with details about promotional offers and other marketing information but only if you have agreed to this. We will cease contacting you for marketing information if you inform us that you no longer wish to receive such information. You can notify us by contacting our Customer Services.
3.12 We may collect anonymised details about visitors to our website for the purposes of aggregate statistics or reporting purposes. However, no single individual will be identifiable from the anonymised details collected for these purposes.
3.14 We use internet standard encryption technology (referred to as “Secure Socket Layer” or “SSL”) to encode personal data you provide when placing an order on the Website. This includes your payment details. You should always take extra care when using a computer or terminal in a public location, and take additional security measures (such as logging out and closing the browser when you have completed your on-line visit). Where you have an account which is password protected, you should ensure that you keep the password confidential and do not share it with anyone else. We cannot be responsible for any loss or damage arising from your failure to keep your account details and password confidential.
3.15 Although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website and any transmission is at your own risk. Once we have received your data, we will use suitable security procedures to try to prevent unauthorised access. However, you acknowledge and agree that we shall not be held liable for any unauthorised use, distribution, damage or destruction of personal data to the extent permitted under the relevant data protection legislation.
What are cookies?
Why are cookies used?
§ Strictly necessary technical cookies which are essential for effective operation of the Website. For example, cookies to provide the necessary security for your visit to the Website and making on-line purchases.
§ Analytical or Performance cookies which enable us to collect information about how visitors use the Website, and their browsing and shopping habits. For example, which pages are visited most.
§ Functionality Cookies which remember your choices and enable you to re-visit the Website and use it more efficiently. For example, by remembering your username and password this will save you time re-entering these details on return visits.
How can I manage cookies?
3.18 If you want to disable or delete cookies, you need to change your security settings on your website browser. Please note that if you disable or delete our cookies, you may find that certain parts of the Website do not work at all, or do not work correctly. You may not be able to complete purchases on the Website
3.19 Cookies are generally easy to disable or delete, although how you do this will vary from browser to browser (such as Microsoft Internet Explorer, Mozilla Firefox etc.). The “Help” function on your browser should provide further details. You may also find assistance on the “Internet Options” under the “Privacy” tab and where you should be able to “delete” cookies.
3.20 You have the following rights:
§ The right to ask what personal data we hold about you at any time subject to a fee specified by law (currently £10);
§ The right to ask us to update and correct any out of date or incorrect personal data that we hold about you, free of charge;
§ The right to opt-out of any marketing communication we may send you.
Third Party Sites