TERMS & CONDITIONS

1. YOUR REPRESENTATIONS

2. Indemnity

3. PRICES

4. COLOURS

5. ORDERS

6. ACCEPTANCE

7. VOUCHER CODES

8. PAYMENT

9. MULTI BUY OFFERS

10. LIABILITY

11. CARE INSTRUCTIONS

12. TRADEMARKS

13. ERRORS AND OMISSIONS

14. FORCE MAJEURE

15. KLARNA

16. GENERAL

17. THE SHERLOCKS SOCIAL GIVEAWAY

These are the terms and conditions for BSI Apparel Limited, trading as Ben Sherman, which is the company that sells menswear clothing & footwear to Customers via https://www.bensherman.co.uk. Our address is: BSI Apparel Limited, 20 Lydden Road, Earlsfield, London, SW18 4LR, U.K. Your use of the Site will be subject to these terms and by using the Site you agree to be bound by them. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy. Products available for sale on this website (Products) are subject to these terms and conditions. By placing an order for Products on this website you agree to be bound by these terms and conditions. We reserve the right to change these terms and conditions at any time, and you are bound by the version available on the site at the date of placing your order. Your statutory rights are not affected by these terms and conditions. These terms and conditions include our privacy policy and the information on our help page. Products available for sale on this website (Products) are subject to these terms and conditions. By placing an order for Products on this website you agree to be bound by these terms and conditions. We reserve the right to change these terms and conditions at any time, and you are bound by the version available on the site at the date of placing your order. Your statutory rights are not affected by these terms and conditions. These terms and conditions include our privacy policy and the information on our help page.

YOUR REPRESENTATIONS

You promise that you are at least 18 years old and have the legal right and ability to enter into this agreement and to use any debit or credit card used to purchase the Products. You also promise that all information you have provided is accurate and true. You authorise us to perform validation checks and authorisation with the card issuer.

Indemnity

You agree to fully indemnify us, our officers, employees, agents and suppliers, immediately on demand, from and against all claims, liability, damages, losses, costs and expenses arising out of any breach by you of these terms and conditions or by your use of this website, or the use of any other person accessing this website using your shopping account or your personal information.

PRICES

All prices stated on the website are inclusive of VAT where applicable, but exclusive of shipping charges, unless we tell you otherwise. Prices and availability of Products may be changed at any time without notice. The price at which you agree to purchase the Products is the price stated on this website at the time you place your order. Prices in our retail stores and outlets may be different to the prices shown on this website. Our prices are based in GBP. Promotions are calculated from this rate and in conversion to other currencies may alter the end offer price

END OF SEASON SALE: UP TO 60% OFF
Get up to 60% off selected Crew Clothing lines online and in-store, excluding concessions and outlets. Discount already applied to the prices shown online. Offer available for a limited time only. Cannot be used in conjunction with any other offer, sale price or discount code. Exclusions apply.

colours

We make every effort to ensure that the images of the Products on our website are accurate. However because of differences between monitors the colour you see of the Product may not accurately reflect its true colour

ORDERS

We will take all reasonable steps to ensure that your credit or debit card information (Confidential Information) is kept secure. However unless we have been negligent, we are not liable for any losses arising from unauthorised access by a third party to your Confidential Information

ACCEPTANCE

Once you have placed an order on this website, we will send you an email confirming receipt of the order you have sent. We will not accept the order and complete the contract until we despatch the Products ordered. If there is a problem with your order, eg a problem with your credit card or we do not have the Products ordered in stock, and we cannot accept the contract, we will tell you by email

You have 30 days after receipt of a dispatch email to contact us in event of a non-delivery. Refunds cannot be made after this time.

VOUCHER CODES

Voucher codes must be applied at checkout in order for the discount to be received. We regret that we're unable to apply these discounts retroactively. Unless otherwise stated all voucher codes are applicable only to selected lines. Only 1 voucher code may be applied per order.

PAYMENT

Where payment is made by credit or debit card, you authorise us to debit your card with the total cost of the Products selected including VAT and delivery charges. Any refunds made in respect of returns or cancellations will be made to the same card. Where payment has not been made in full, we may cancel your order and/or suspend any further deliveries to you

MULTI BUY OFFERS

Selected lines only. All items must be returned for a full refund. If returning part of the order you do not qualify for the offer and will pay the current selling price for each item.

LIABILITY

We are not liable for loss of profits, loss of business or other consequential, special or indirect loss, costs, expenses or other claims for compensation, whether caused by our negligence or not, arising out of or in connection with the Products or their use or resale by you. We are not liable to pay you any compensation other than a refund equal to the price of the Products that you have paid us for. This clause is not intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence. The risk of damage or loss of the Products passes to you when delivery is made. Delivery is made at the time we leave the Products at the address specified by you. We cannot accept any claims beyond this point. All implied warranties and undertakings are excluded to the maximum extent permitted by law.

CARE INSTRUCTIONS

Where a product has care instructions, you must follow these instructions. We are not liable for any loss or damage in the event that the instructions have not been followed.

TRADEMARKS

All trademarks, brand names, copyrights, Product names and trade names are the property of their respective owners and we do not authorise any use which infringes those rights. Subject to this, you may view, print and download from our website for personal use only. Any other use of information or materials on this website is strictly forbidden without obtaining our written agreement first.

ERRORS AND OMISSIONS

We have made every effort to ensure that the information on this website and in any documentation we may send you (“Information”) is accurate. However we do not make any promises about the Information and we are not liable for any loss or damage, whether direct, indirect or consequential, which may happen as a result of relying on the Information, except where we are not allowed by law to exclude our liability.

FORCE MAJEURE

We are not liable to you for any failure or delay to supply or deliver or for any damage or defect to the Products that is caused by any event or circumstance beyond our reasonable control.

KLARNA

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

• Pay Later 30
• Pay in 3 instalments

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

GENERAL

If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you), the validity, legality or enforceability of any other part of these conditions will not be affected. This agreement is governed by English law.

We do not give any contractual rights to third parties, and the Contracts (Rights of Third Parties) Act 1999 will not apply to any contract between us.

This site may collect information on demographics and interests. Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings

18. THE SHERLOCKS SOCIAL GIVEAWAY

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Sponsor: The Promotion is sponsored by Ben Sherman UK, c/o Baird Group Holdings Limited, 2100 Century Way, Thorpe Park, Leeds LS15 8ZB, United Kingdom (collectively, the “Sponsor”).
2. Administrator: Marquee Brands LLC, 330 West 34th Street, New York, NY 10001 (collectively, the “Administrator”).
3. Eligibility: To be eligible to enter this Promotion, entrants (“Entrants”) must be legal residents of the United Kingdom who are the age of majority. Sponsor, Administrator and each of their parent, affiliated and subsidiary companies (“Promotion Entities”) and each of those entities employees and immediate family members, are not eligible to participate or win the Promotion. This Promotion is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited or restricted by law. Participant's computer must accept cookies or any similar device used by the Sponsor to track entries. See Sponsor's Privacy Policy at https://www.bensherman.co.uk/help/privacy for more information about Cookies and privacy.
4. Mandatory Instagram Disclosure: This promotion is in no way sponsored or endorsed by, or associated with, Instagram. You are providing your information to Ben Sherman and not to Instagram. The information you provide will only be used for administering this Promotion and for marketing purposes in accordance with Sponsor’s privacy policy, located for UK residents at https://www.bensherman.co.uk/help/privacy, and US residents at https://www.bensherman.com/pages/privacy-policy.
5. Promotion Period: The Promotion period begins on April 1, 2023 at 11:01 AM Greenwich Mean Time (“GMT”) and ends on April 5, 2023 at 11:59 PM GMT (the “Promotion Period”).
6. How to Enter the Promotion. Instagram entries only: You must have an Instagram account. You may create an Instagram account by accessing Instagram at https://instagram.com and following the instructions to create an account for free. Information you provide to Instagram to open an account is subject to Instagram’s privacy policy, located at https://instagram.com/about/legal/privacy/.

To enter this Promotion, you must:

1. Follow the official BEN SHERMAN brand on its official U.K. Instagram account (i.e., @benshermanuk) (“Official Ben Sherman Account”) and the official THE SHERLOCKS Instagram account (i.e., @thesherlocks); and
2. b.Tag a friend in the comments section of the official post announcing the Promotion made on the Official Ben Sherman Account, which will be posted on or before April 1, 2023 at 11:00 AM GMT.

ONLY ONE ENTRY PER NATURAL PERSON. Entries must be completed during the Promotion Period. In the event of a dispute as to the identity of an Entrant, the Entrant will be deemed to be the person in whose name the Instagram account was opened.

7. Odds: Odds of winning a prize depend on the number of eligible entries received by Sponsor.

8. Prizes: One (1) Grand Prize winner (“Winner”) will be selected in a random drawing by the Promotion Entities on or about twenty-four (24) hours after the end of the from among all eligible entries completed during the Promotion Period. Exact timing of the Grand Prize winner’s selection will be at the sole and absolute discretion of Sponsor. Sponsor will award one (1) Grand Prize package which shall include the following (collectively, the “Grand Prize”): a.Two Hundred Fifty British Pounds (£250.00) shopping spree (“Shopping Spree”) on www.bensherman.co.uk (“Site”); and b.Two (2) General Admission tickets to The Sherlocks concert at The Parish, Huddersfield on Sunday, April 9, 2023 (“Concert”). Approximate retail value (“ARV”) of the Grand Prize: £ 300.00. The Shopping Spree portion of the Grand Prize will be awarded as non-refundable site credit on the Site (“Site Credit”), which must be used by the Winner for a single purchase (“Purchase”) on or before October 6, 2023. The Site Credit may not be split across multiple transactions. The Site Credit may be used to purchase full price products only. Any unused portion of Site Credit following the Purchase will be forfeited. No substitution, transfer, or cash redemption of prize permitted, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason, and no winner is entitled to any difference between the actual value and the retail value of any prize. The Winner cannot assign or transfer their prize to another person or business. The Winner is solely responsible for any and all federal, state, and local taxes on prize. If prize notification or any prize is returned as undeliverable, or if the Winner may not accept or receive a prize for any reason, prize will be forfeited. Sponsor will not make multiple attempts to contact the Winner.

   NO TRANSPORTATION WILL BE PROVIDED. All expenses not specifically mentioned herein, including, but not limited to, airfare, ground transportation, fees and gratuities, incidentals, personal charges at lodging, are the sole responsibility of Winner and any guest.

9. Winner Selection and Notification of Winner: The Winner will be contacted by direct message to the Winner’s Instagram account used for entry to confirm they meet the qualifications. The Winner will have thirty-six (36) hours to respond and claim their prize. If they do not respond with 36 hours a new winner may be selected. Sponsor may randomly select an alternate Entrant from among the remaining eligible entries, up to one (1) attempt. The Winner may also be sent a declaration of eligibility / liability / publicity release (“Release”). Unless restricted by law, the Winner will be required to complete and return the Release within two (2) days from the date of notification. Unless restricted by law, Winner’s guest for the Concert may also be required to execute and return a Release, and, except where prohibited. An alternate Winner may be randomly selected from among the remaining eligible entries if a Winner, up to three (3) attempts: (i) cannot be reached; (ii) fails to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Official Rules; or (iii) cannot accept or receive the prize for any reason. Once the Winner is fully confirmed, the Winner will be announced to the public via an Instagram Story on the Official Ben Sherman Account. In the event of a dispute about the identity of an Entrant, each entry will be declared made by the authorized account holder of the Instagram account submitted at time of entry.
10. Publicity: By participating in the Promotion, any Entrant in the Promotion, irrevocably grants the Sponsor and Administrator and their respective successors, assigns and licensees, the right to use such Entrant’s, name, and the submitted photograph, the Entrant’s biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Site or the Promotion or other promotions, and hereby release the Sponsor and Administrator from any liability with respect thereto, unless prohibited by law.
11. .General Conditions: By participating, and except where prohibited, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any right to claim ambiguity in the Promotion or these Official Rules. Any portion of the Promotion may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Promotion. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. You may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Unclaimed prizes will not be awarded. All federal, state or other tax liabilities (including income taxes) arising from this Promotion will be the sole responsibility of Selected Entrant, regardless of country. Caution: any attempt to deliberately damage or undermine the legitimate operation of the Promotion may be in violation of criminal and civil laws and will result in disqualification from participation in the Promotion. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution, except where prohibited.
12. Limitations of Liability: If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant's sole remedy is another entry in the same Promotion during the Promotion Period. By entering the Promotion, Entrant agrees on behalf of itself and its heirs, executors, and administrators (a) to release and hold harmless Promotion Entities and each of their officers, directors, employees, representatives, agents, successors and assigns (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from Entrant’s participation in the Promotion and/or Entrant’s acceptance, possession, use, or misuse of a prize or any portion thereof (including any travel related thereto); (b) to indemnify the Released Parties from any and all liability resulting or arising from Entrant’s failure to comply with these Official Rules or a breach of any of your representations and warranties; (c) to hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with such prize; (d) if selected as a winner, to the posting of Entrant’s name on the Site and the use by the Promotion Entities of Entrant’s name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (e) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Promotion itself, and to be bound by all decisions of Sponsor, which are binding and final. To the maximum extent permitted by law, each Entrant and winner covenant not to sue any Released Parties or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind any other releases in these Official Rules to the fullest extent permitted by law. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. If any item or provision contained in these Official Rules or any part thereof is declared or becomes unenforceable, invalid or illegal for any reason, all other terms and provisions of these Official Rules shall remain in full force and effect as if executed without the offending provision appearing therein. Without limiting the generality of the foregoing, the Released Parties are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Promotion. If the Promotion is terminated before the designated end date, the Promotion Entities will (if possible) select the winners from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
13. Disputes: Disputes regarding these Official Rules and/or this Promotion will be governed by English Law. In the event of a dispute as to any entry, the authorized account holder of the Instagram address will be deemed to be the Entrant. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.
14. Promotion Results: To obtain a copy of the Winner’s name or a copy of these Official Rules, after 90 days, send an e-mail request to: [email protected]