Bicester Village Virtual Personal Shopping
As our (virtual) Guest, we would like to keep you informed about our services and Brand offers in the future, but we need you to agree to this.
Terms & Conditions:
1.1. Value Retail is delighted to offer a Virtual Personal Shopping service, as described in these terms (the “Service”) to carefully selected Private Clients. If you are selected for the Service, the offer will be an invitation from one of our Personal Shoppers to provide the Service to you.
1.2. The Service cannot be provided if sanctions apply (see section 9) and is only available in selected countries. Acceptable shipping destinations are limited (initially just Kingdom of Saudi Arabia) so please check with us if you require an alternative destination for the Products.
1.3. These terms apply to the Service and set out the terms on which we provide it. It is a precondition of receiving the Service that you accept these terms in full, except that where consents are withheld under data protection law, we may continue to provide the Service to the extent possible without those consents.
1.4. In Bicester Village we provide this Service via Value Retail Management (Bicester Village) Limited, a company registered in England number 02884096 whose registered office is Management Suite, Bicester Village, 50 Pingle Drive, OX26 6WD, who is “Value Retail”, “we” or, “us” for the purposes of these terms and Bicester Village is the “Village”. The Village is part of The Bicester Village Shopping Collection. If you receive a similar service from other villages in The Bicester Village Shopping Collection other legal entities will provide it and the identity of those entities will be provided to you at the time.
1.5. If you request that we obtain Products from Brands in other villages, and if we consent to do so, then we may use a Value Retail entity related to that village as our sub-agent to carry out the task, and may share with them all information (and personal data) necessary to carry out the activities. Your legal rights may differ in other villages, so please discuss this with us at the time.
1.6. In these terms “you” means the person receiving the Services and entering into these terms with us. “Private Client” means generally the class of people to whom we provide these Services and in relation to the obligations between you and us means you. “Personal Shopper” is defined in 2.1. “Brands” means shops in the Village, and “Products” means items available for sale from or via Brands.
1.7. We offer other Private Client services, which have their own terms and conditions, which will be provided to you at the time, if relevant.
- Description – Virtual Personal Shopping
2.1. In the Service our staff (“Personal Shoppers”) will discuss with you which products from our range of Brands would be of interest to you. Please note that some products, and some Brands, are not available from this Service either through choice, closure or because some items cannot be sold and imported to some countries, or for other reasons.
2.2. This discussion may be via distance communication – telephone, videocall, email or instant messaging or other remote method or any combination of those. We may conduct the video call or communication out of our offices, while the Personal Shopper is in the Village and it may include showing you products over the video link or from the Brands. If you are uncomfortable with any of these forms of communication, please let our team know.
2.3. We may summarise the products of interest to you in a document which summarises options and shortlists, called a “Lookbook” – see section 4. The Lookbook is a working document to allow discussion between us. It is not an offer to sell, or a representation or other promise that the Products are available, available in your size or legal to send to your home jurisdiction.
2.4. If you choose to buy any of the Products we will arrange for your selection to be loaded into an online virtual basket (‘Selection’) and provide you with access to that. You will be able to remove any Products you do not wish to buy from the Selection, or simply discontinue the process. If you proceed, see the “Sale by Global E” section below.
3. Sale by Global E
3.1. If you choose to proceed, your details will need to be provided by you or us to a third party, Globale UK Ltd (“Global E”). If you are not happy to have your details passed to Global E in this way, we cannot provide the service to you as this transfer is necessary for the Service.
3.3. Global E sales, according to their terms, take place in the UK with the subsequent import to your jurisdiction being a personal import by you not for resale. Under these terms you warrant to us now that you will purchase the Products of your choice from Global E in the UK and import for personal use only and shall not resell the Products.
3.4. We do not take payment in this service – payments are to Global E at the point of sale by them. We do receive money from them as part of the sale but we are independent organisations and neither is the agent of the other. We shall not be responsible for anything that Global E does, or doesn’t do.
- Lookbooks & Availability
4.1. Lookbooks may be professional stock imagery or images taken by us of Products from the Brand or Pop-Up – in some cases even live on a video call with you. The quality of these images may vary and if you have any concerns that the quality of the image affects your ability to select the correct product for you, you must tell us as soon as possible.
4.2. In many cases our Personal Shoppers will be able to borrow or reserve specific stock of Products from Brands and Pop-Ups and seek out Products in your preferred style and size. However, the nature of the Brands at The Bicester Village Shopping Collection means that stock of Products may be limited in some sizes or styles, and even where we have tried to reserve sizes for you Brands or Pop-Ups may sell the Product before we are able to reserve the items for a placed order. Advertising product to you, including of the Product in the Lookbook, or suggesting product to you is not a warranty or binding commitment to sell a specific Product or that we will be able to buy it on your behalf.
4.3. While social distancing or other public health measures remain in place to prevent or slow the spread of disease, the Personal Shoppers may find it impossible or more difficult to borrow Products, attend Brand or Pop-Up stores on your behalf in a timely fashion or at all or subject to other restrictions. Where such restrictions are impeding the Personal Shopper they will endeavour to let you know but we cannot be responsible for delays in issuing Products or entering Brands in compliance with such measures.
- Charges & Payments
5.1. The Lookbook may specify a ‘Village Price’ which is the price shown in the Village if you purchase the Product in person, excluding any deals, offers, sales or discounts, and in the currency of the Village (for the UK, pounds sterling). If the Lookbook shows a discounted price due to a deal arranged by our Partner, that discount is from the Village Price, subject to rounding errors. The final price charged to you by Global E will be higher than this, due to commission, taxes and duties or other charges.
5.2. We use reasonable efforts to ensure that the prices shown in the Lookbooks are correct, but we shall not (subject to 11.1) be responsible for any inaccuracies or incompleteness in pricing information.
5.3. We do not charge for any of the phone lines or other forms of communication with us (i.e. they are normal geographical or mobile numbers in the UK so the costs of contacting these numbers is subject to your arrangements with your telecommunications providers.
5.4. Either we, Global E or the Brands may attach labels or other markers to Products to prevent them being used and:
5.4.1. decline, where legal to do so, returns or refunds on Products where the label or marker has been detached or the item is soiled by wear or use, partly used (e.g. cosmetics) or mixed or contaminated with other products or materials; and
5.4.2. if you remove the label, you waive any right to return Products under consumer law on distance sales.
- Delivery and Return Logistics
6.1. It is your responsibility to enter a valid address for delivery of the Products into our online system and to Global E, and to receive the Products when they are sent. We and Global E may choose not to accept returns, or may charge you extra fees to cover the costs to us, if Products are returned by the courier as undeliverable due to a bad address, insufficient address, because the courier could not find a person to deliver to or because delivery was refused by someone.
6.2. We may (subject to any statutory rights) refuse Products returned directly to us, or returned to Global E outside their process, or which are pre-worn or damaged and you shall pay us for any fees, loss or damage we incur as a result.
6.3. There are legal limits on what Products can be sent to a particular country. We cannot know all these rules, but will endeavour not to recommend any Product that we do not believe can be sent to jurisdiction you have told us you reside in. However, if you pick a different jurisdiction at the point of delivery, we are not responsible for ensuring that Product can be imported. The import is a personal import by you, and you are responsible for selecting Products that are legal in the country you import them to.
- Returns & Refund
7.1. For all information about your rights to refund and for sales made at a distance, plase refer to Global E as the seller (in particular clause 8 of their terms). To the extent that they refer to our policies, the following applies unless Global E terms are more restrictive.
7.2. For sales within the EU or UK, you have a statutory right to cancel the purchase of goods or services made at a distance within 14 days of placing the order unless one of the restrictions applies as set out in this paragraph 7.
7.3. The exceptions referred to in paragraph 7.2, would include (if sold via this service) are that you cannot cancel:
7.3.1. services once they have been completed or started at your request before the specified period;
7.3.2. in relation to any personalised goods or services;
7.3.3. where goods cannot be returned for hygiene or safety reasons (for example, where worn, soiled or are intimate items of apparel) or where tags or hygine protections have been removed; or
7.3.4. perishable goods or services.
7.4. If you wish to cancel an order from Global E you need to request a refund from them via https://service.global-e.com/ You should be aware that we and Global E will not provide refunds on import/export taxes or fees. You must arrange these yourself with the relevant statutory authorities.
7.5. Refund payments, if any, will be from Global E not us, as they sell you the Products.
- Data Protection and Consents
8.1. Personal Shopping in any form is, by its nature, a highly personalised service. The more our Personal Shoppers know about you and your needs, interests and tastes and those of your family and friends for who you buy Products, the better the service we are able to provide.
8.2. To provide the Service at all we must hold some personal data about you, but if you do not consent to a full scope of personal data processing, we cannot provide the full range of services.
8.3. We will ask you to register to Personal Shopping service, which will require your acceptance of Terms & Conditions and your consent to processing of your special category data at the start of these terms.
8.4. In addition, we need your consent to allow Value Retail and its group companies to contact you about products and services that our Personal Shoppers think may be of interest for you. That consent is given by the tick box at the start of these terms.
8.5. We have a number of suppliers who process data on our behalf to deliver the services. They are all either in the UK, the EEA or have entered into legal obligations to protect your personal data.
8.7. In the event that the Personal Shopper is talking to you, or doing a video call with you, from the Village or Brand it is possible that passers-by will see the screen and/or overhear the call. You must ensure that nothing said or seen would cause you, or Value Retail, any embarrassment or cause offence to other Guests.
8.8. For details about how we process your personal data, please refer to the Private Client and Village Privacy Notices (which you can find at https://www.tbvsc.com/bicester-village/en/legal/privacy-notices )
- Regulatory Compliance
9.1. If you are listed on sanctions lists or as a “denied person” in relation to export control by the United Kingdom, European Union or United States of America, or linked to banned states or territories we may cease to provide any and all services at any time, and you must not use this service or any part of it.
9.2. If we reasonably believe that any dispatch, purchase, return or other process has the object or effect of enabling, assisting or comprising any activity which, either in the UK, or a country where you are based or where Products are dispatched to would be a criminal offence, or which obtains goods or services (whether from us, Brands, Global E or any other person) in circumstances where payment will not be made, or will be refunded, charged back or otherwise withdrawn, then despite any other provision of this agreement, we may decline to take any actions which we think would contribute to that act or omission.
- Subcontractors & Websites
10.1. Your Selection is presented to you on a website, which is provided by a third party (“BigCommerce”) under contract to us. You may be required to accept cookies to obtain the functionality of that website. You must not do anything which is likely to interfere with or compromise the operating of either the BigCommerce or Global E websites or any of the infrastructure on which either of them runs.
10.2. To the extent permitted by law, you (i) shall not bring any case, claim or suit against BigCommerce operator of the website and (ii) BigCommerce shall have no liability to you whether in tort (including negligence) or otherwise for any loss or damage arising from or in connection with your use of their website.
11.1. Nothing in these terms excludes or limits liability which cannot, at law, be excluded or limited e.g. fraud.
11.2. Subject to paragraph 11.1 the following types of loss are wholly excluded: emotional distress; loss of opportunity; loss of or damage to goodwill; and indirect or consequential loss.
11.3. Subject to paragraph 11.1, we shall not be liable for any loss or damage, howsoever arising and under any legal principle including contract, tort (including negligence) or otherwise to you or a third party arising from or in connection with inappropriate advice; or a Selection or Products being the wrong choice for the situation or purpose described to us.
11.4. Subject to paragraphs 11.1 and 11.5 and our aggregate liability arising under or in connection with these terms and the Services shall not exceed £500.
11.5. Subject to paragraph 11.1, our aggregate liability arising under or connection with these terms and the Services in respect of confidentiality, breach of confidentiality, the law on data protection, or for damage or distress arising from a breach of this agreement and/or the law shall in no event exceed in the aggregate £2,500.
- General Terms
12.1. Either side may withdraw from the Service at any time. You do not have to notify us, but if you are withdrawing consents to data processing please contact us or use opt-outs in any mailings.
12.2. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The service is provided in the United Kingdom.
12.3. Each Party agrees to submit to the non-exclusive jurisdiction of the English courts.
12.4. A failure or delay in exercising a right under this Agreement does not prevent that right applying or being relied upon later. Using a right does not prevent that right being used again and rights are cumulative.
12.5. We may alter these terms and the details of the services from time to time. The new terms shall apply to you in respect of future dealings with us, but shall not apply retrospectively.
12.6. Each of the provisions of this Agreement is severable. If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, then it shall be deleted without affecting the validity and enforceability of this Agreement.
12.7. If there are circumstances beyond our control, we shall not be liable for any failure to perform all or part of the Services or carry out our obligations under these terms, to the extent that they were made more difficult by or prevented by the relevant circumstances. This applies even if the circumances were foreseeable.
12.8. We may at any time assign, transfer, subcontract or otherwise deal with our rights under this agreement.
12.9. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract except that BigCommerce have the benefit of the exclusion of liability above.
12.10. This Agreement and any documents referred to in this Agreement set out the entire agreement and understanding between the Parties in connection with the Services and supersede any other agreement between the Parties in respect of the provision of all or part of the products or Services. In entering into this Agreement you have not relied on any representations made by us.