Terms & Conditions

TERMS OF PURCHASE

1 INTRODUCTION

1.1 These terms of purchase (“Terms”) set out the terms on which you may purchase products from us via our website for delivery to the Approved Delivery Locations listed in clause 3.1 below. Please read these Terms carefully and make sure that you understand them before ordering any products from us.
1.2 These Terms are only available in the English language.
1.3 Products purchased for delivery to Australia, Hong Kong SAR, Japan, Singapore or South Korea, are managed via our third party e-commerce cross-border partner, Global-e NL B.V (“Global-e”), and are subject to Global-e’s terms of sale (available at the checkout stage). These Terms will not apply to such orders. For more information, please see our FAQs.
1.4 We draw your attention in particular to:

·       Clauses 6.4 and 9.3 which restrict you from reselling products on a commercial basis and allows us to cancel the contract and not sell any products to you in the future if you breach the reselling restriction; and
·       Clause 10 which explains how we limit our liability to you.

2 INFORMATION ABOUT US

2.1 www.phoebephilo.com is provided to you by Phoebe Philo Limited (“us”, “we” or “our”). 
2.2 Our registered office is Phoebe Philo Ltd, 125 Freston Road, London, England, W10 6TH and our registered number is 12428990. Our VAT no. is GB348666358. Our company’s Refashion membership number is: 4000024447 and our Léko Unique Identification Number is: FR338713_01UWQS.
2.3 You can contact us by: (1) email at clientservices@phoebephilo.com; (2) telephone on +39 02 8294 0500 (for EU calls); +44 808 304 9738 (UK toll free number); and +1 888-315-0096 (US toll free number); (3) post at our registered address above; or (4) LiveChat via our website.

3 PLACING ORDERS

3.1 You may only place orders from us if: (a) you are over 18 years old, (b) possess a valid debit or credit card (or are authorised to pay via another of our accepted methods of payment); and (c) are able to accept delivery at the time of your purchase, in the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland,  UK (including the Channel Islands) and US (excluding Alaska and Hawaii) and/or such other territories as are listed on our website from time to time as a delivery address (“Approved Delivery Location”). 
3.2 You may only place an order for products via our website.
3.3 When placing an order, please ensure you provide complete and accurate information. Information we may require include your: first name, surname, phone number, email address, delivery and invoicing addresses. We may also ask for additional information during the ordering process to validate your order. It is your responsibility to ensure that the order is correct and accurately reflects your selection. Please take time to check your order before submitting it. If an order is not correct in any way, please see clause 3.8 below.
3.4 On receipt of your order we will send you an e-mail acknowledging that the order has been received. However, this does not mean that your order has been accepted. Prior to accepting any order, we shall carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. This may involve sharing your information with some of our third-party suppliers. For more information, please see our Privacy Policy. 
3. 5 Sometimes we reject orders, for example, because a product is unexpectedly out of stock; because you are located outside an Approved Delivery Location; or because you have, or we suspect you have, breached these Terms. When this happens, we let you know as soon as possible, and we will not charge you for your order.
3.6 We will communicate acceptance of your order by sending you an e-mail (“Confirmation”) at which point a contract will come into existence between you and us.
3.7 If you place an order for multiple products and some of those products are unavailable, we may process the order in respect of the available products.
3.8 If you discover that you have made a mistake with your order or wish to cancel it before we have sent you the Confirmation, please notify us immediately by contacting our Client Services team using the contact details provided above. If you discover that you have made a mistake with your order or wish to cancel it after we have sent you the Confirmation, then please note that we are generally unable to rectify mistakes or cancel your order after details of it have been sent to our warehouse (i.e. after you have received your Confirmation), although you may still have the right to return your products and receive a refund as described in clause 7. 

4 PAYMENT TERMS

4.1 Prices for our products may change from time to time, but changes will not affect any order you have already placed, save for in relation pricing errors, in respect of which please see clause 4.4. below. 
4.2 All prices include any applicable VAT or other sales tax, save for US sales tax which will be calculated and added at checkout. For orders delivered outside of the UK, we will pay the relevant customs duties and taxes. 
4.3 The price of a product as stated on our website includes delivery charges.
4.4 Our website contains a large number of products. It is always possible that, despite our best efforts, some of the products on our website may be incorrectly priced. If we discover an error in connection with the price of the products you have ordered, we will let you know as soon as possible after we become aware and we will give you the option of continuing to purchase the product at the correct price or cancelling your order in respect of that product. If we are unable to contact you using the most up to date contact details that we have for you, we will either reject the relevant part of the order or treat the relevant part of the order as cancelled and notify you by email at the address provided to us.  
4.5 Our website sets out the method of payments that we accept.
4.6 We will only take payment once the order has been accepted by us (i.e. at the time of sending you a Confirmation).  Products that are the subject of an order will not be dispatched until payment for all of them has been received in full by us. If we have only taken pre-authorisation for payment of an order on accepting that order, we will process that payment before we deliver the products to you.
4.7 Payments for all products must be paid in Pound Sterling for orders being delivered to the UK; Euros for orders being delivered to Europe or United States Dollars for orders being delivered to the US, or such other currency as stated on our website from time to time. It is not possible to request to pay in a different currency from that advertised for your relevant Approved Delivery Location. If you are a customer whose payment method is not denominated in one of the currencies which our website offers, the final price or refund will be calculated in accordance with the applicable exchange rate on the day your relevant card issuer or bank processes the transaction. We will not be liable for any exchange rate fluctuations, commissions, charges or fees which you may incur when paying for your order or when receiving a refund.
4.8 Ownership of products that are the subject of an order will only pass to you when we receive full payment of all sums due in respect of that order, including delivery charges (if applicable).

5 DELIVERY

5.1 We only deliver products to an Approved Delivery Location. For the avoidance of doubt, we do not deliver to freight forwarders, lockers, depots, PO boxes, or any other similar type of third-party agent or address.
5.2 We will arrange for delivery of the products using our chosen delivery partner. We aim to deliver products to you as soon as we can and will provide you with an estimated delivery date as part of your Confirmation. Please note that the estimated delivery date is just that and we cannot guarantee delivery by the estimated delivery date.  
5.3 We may deliver products in several consignments but will not charge you any extra delivery charges for this. 
5.4 All products are delivered using a tracked and signed service. Both we and our relevant delivery partner will be in touch with you prior to delivery, at which point, you can elect to change the delivery date. Please note that it will not be possible to remove the need for a signature or redirect delivery to another address, safe place or person. Please note that whilst a signature will be required for your delivery, we are not in a position to verify signature, so would advise you to sign for your order yourself and to not delegate this to a third-party on your behalf. We will not be liable for any loss or damage to products which are not signed for by you. We also reserve the right (on behalf of ourselves and/or our delivery partners) to ask for ID as part of our delivery process. Please also be aware that for deliveries going to the US which exceed a total of $2500 and/or contain components which are regulated by the US Fish and Wildlife Service, US customs may require additional information from you, such as your social security number. If they do, either US customs and/or our delivery partner will be in touch directly with you to obtain the required information. 
5.5 Risk of any damage to or loss of the products shall pass to you at the time of delivery.
5.6 If no one is available at your address to take delivery, our relevant delivery partner may attempt to redeliver the products and/or leave a note explaining that the products have been returned to the depot, in which case, you will need to collect the products. Please use the contact details provided by our delivery partner to arrange this collection.

6 PRODUCTS

6.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and materials accurately, we cannot guarantee that the display of the colours or materials on your computer or device accurately reflects the true colour or material of the products. Your products may vary slightly from those images, especially those which may have been handmade (in whole or in part) or made from natural materials (for example, a natural material like leather features naturally occurring surface variations and imperfections and so the colour, texture and general appearance of your product may vary slightly from images shown to you). The packaging of the products may vary from that shown on the images on our website.
6.2 The packaging of the products may vary from that shown on the images on our website.
6.3 You are only allowed to purchase one (1) unit of any one (1) product unless the product is available in multiple sizes, in which case, you are allowed to purchase different sizes of the same product, or as otherwise notified by us to you from time to time. Any orders placed which exceed this limit, will be rejected or cancelled. Please note, this limit applies per customer, not per order, meaning that if you attempt to purchase in excess of this limit across multiple orders or using different aliases or addresses, we reserve the right to reject or cancel any or all of these. 
6.4 Any products purchased must not be resold or made available for resale on a commercial basis, which includes, but is not limited to, making them available on resale sites, as well as any attempts to purchase items on a wholesale basis. All products should be bought for personal use only and not for commercial activity which, in addition to those already referenced, include but are not limited to, buying products for use in influencing or blogging business activities.

7 YOUR RETURN RIGHTS

Returning a product because you have changed your mind.

7.1 You have the right to cancel an order any time up to acceptance by us of that order (i.e. prior to receiving your Confirmation). To do so, please contact our Client Services team immediately using your preferred method, as outlined in clause 2.3 above. Otherwise, once your order is accepted (i.e. after you have received your Confirmation), you have (subject to certain exceptions and the consumer rights applicable in your Approved Delivery Location) the right to change your mind about the products you have ordered and to get your money back in accordance with the terms set out below. 
7.2 Your right to change your mind and return a product (if you are so entitled) starts from the date you received the Confirmation of the order for the product and ends 14 days after the date on which you received the relevant product. Please note, if you are returning several products forming part of the same order and those products were delivered separately, then those 14 days will run from the date on which the last product was delivered.  
7.3 Unfortunately, you do not have the right to change your mind and return products which (a) have been made to your specification or are personalised, such as where the products are tailor-made or altered; or (b) due to hygiene reasons, in respect of any swimwear or underwear products, have had the protective strip removed. 
7.4 If you exercise your right to change your mind and return a product, you must notify us prior to the expiry of the 14 day period referred to in clause 7.2 above. To notify us, please follow the steps set out in our Returns Policy (see clause 8 below). Alternatively, you can use the cancellation form at the bottom of these Terms, but this is optional. Having notified us, please return the relevant product to us in accordance with our Return Policy and as soon as reasonably possible but in any event within 14 days of you notifying us that you wish to return it. 
7.5 If you exercise your right to change your mind and return a product in accordance with these Terms, we will refund you all payments received from you in respect of the cancelled products including the costs (if any) of outbound delivery paid by you. We may make a deduction for use from any refund payable to you to take into account the loss in value of the rejected products if the loss is the result of unnecessary handling by you. 
7.6 We offer a complimentary returns service and will cover the costs of returning the products.
7.7 Any refunds payable by us to you shall be paid to you using the same method used to pay and within a maximum of 14 days of the earlier of the date that: 
(a) we receive the relevant products back from you; or
(b) you provide evidence that you have returned the products to us at the correct address.
7.8 If you exercise your right to change your mind and return a product in accordance with these Terms prior to the products being dispatched, we will refund you within a maximum of 14 days of the date on which you notified us of your decision to cancel the order.
7.9 Please note that even though a refund has been issued by us, it can take up to 7 working days to show in your account due to varying processing times between payment providers. 

Returning a product because there is something wrong 

7.10 We are under a legal obligation to supply products in conformity with the contract.
7.11 As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right to change your mind and return a product or anything else in these Terms.
7.12 If a product is faulty or not as described, please notify us as soon as reasonably practicable and promptly return it to us in accordance with our Returns Policy (see below).
7.13 If you are entitled to a refund because your products are faulty or not as described, we will refund you all payments received from you in relation to the affected product. Any refund due to you will be made to your original payment method and will be made within 14 days after the date that we receive the relevant product back from you and have had an opportunity to inspect it and determine the nature of the problem. If we do not receive the product, we may be unable to process your return and refund.

8 RETURNS POLICY

8.1 You may only return products in accordance with your right to change your mind and return your products (see above) or if we have supplied you with products that are faulty or not as described.
8.2 Unless we tell you otherwise, if you wish to return a product to us, please follow the steps below:
(a)            Log into your account. 
(b)            Locate the order containing the product(s) you wish to return.
(c)            Select the product(s) you wish to return and use the drop down menu to state your reason for the return.
(d)            Once completing the above steps, please submit your return request. You will then receive an email with a return shipping label and further instructions on how to arrange the pick-up of your product(s) or locate your nearest drop-off point.
(e)            In preparing a product for return, please ensure that it is returned in its original condition, unworn, unused and/or unaltered, with its tags attached. Further, please ensure that it is returned in its original packaging with all accompanying accessories, for example, hangers, dust bags, spare heels, care and authenticity cards etc. We consider a product’s original packaging and accessories to be inherently part of the product. As such, we may reject or make a deduction for use, damage or failure to return a product from any refund payable to you in order to take into account the loss in value of a product if the loss is the result of unnecessary handling by you. Please package a returned product securely and carefully in its original packaging as it was sent to you to avoid any damage to it whilst in transit. In the event that certain products need to be packaged in a particular way, our Client Services team will provide the relevant details for you to follow. 
(f)             To the extent that it is possible, we advise you use the same outer box to return your product(s) to us. In the event it is damaged or cannot be used, please contact our Client Services team. 
(g)            Please ensure that the outer box is securely sealed and please also apply the anti-tampering security stickers provided by us over the top of the tape that you use, making sure these are stuck across the openings of the box. Please do not rely on the anti-tampering stickers alone to seal your parcel. 
(h)            Finally, please print the returns shipping label provided via email and stick this to the outside of your parcel, making sure that the waybill is visible and all original shipping labels are removed and/or covered. 
8.3 If you do not comply with our instructions on how to return products or a product is not returned in the condition we require, as set out above, and/or the relevant timescales, as set out in clause 7, are missed, then it may not be possible for us to process any refund due. You may also not be eligible to make further purchases from us and/or we may block any account you may have with us if you fail to follow our Returns Policy or because we reasonably suspect fraudulent activity.
8.4  We would encourage you to use our complimentary returns service, otherwise the risk and costs (including any custom duties and taxes) associated with any returns outside of this service will be borne by you. Nevertheless, if you do wish to return a product to us, please contact our Client Services team who will provide you with the relevant address.
8.5 If we are unable to accept a returned product, we will contact you using the most up to date contact details provided to us and shall arrange for the product to be returned to you at our cost, save for any duties and taxes owed on the shipment, which you will have to pay for.

9 OUR RIGHTS TO END THE CONTRACT FOR YOUR ORDER

9.1 We may cancel your order (or only part of it, if applicable) at any time by notifying you if: 
(a)            your payment does not go through at the point we try to charge you; 
(b)            you do not, within a reasonable time, allow us to deliver your order to you; 
(c)            you are (or we reasonably suspect that you are) in breach of these Terms, in breach of any applicable law in relation to your order, or in breach of any other contract that may exist between you and us; 
(d)            we reasonably suspect fraudulent activity; or 
(e)            we are unable (or reasonably believe that we are unable) to supply the products for reasons beyond our reasonable control or for legal or regulatory reasons.
9.2 If we cancel the contract in the situations set out in clause 9.1, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract (if applicable). Any refund due to you will be made using the same means of payment as you used for the initial transaction and will be made within 14 days after we cancel the contract.
9.3 If we cancel the contract for serious reasons, for example because we suspect fraudulent activity or a real risk of harm if the contract were to continue, or because you have breached clause 6.4 or you have committed another serious breach of these Terms, we may block and/or close any account you may have with us and we may choose not accept any further orders from you.

10 OUR RESPONSIBILITY FOR LOSS

10.1 Nothing in these Terms is intended to exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation. 
10.2 You can only purchase our products under these Terms if you are a consumer, not a business. Therefore, you understand that we have no liability to you for any business losses, including loss of profit, loss of business, business interruption, or loss of business opportunity. 
10.3 We are only responsible for losses you suffer caused by us breaking these Terms. However, we are not responsible for any loss that is:
(a)            Unexpected. This means the loss was not, at the time you agreed to these Terms, a reasonably foreseeable consequence of us breaching these Terms. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms were entered into, both of us knew it might happen.
(b)            Caused by a delaying event outside of our control.
(c)            Avoidable. This means you could have avoided the loss by taking reasonable action.

11 USE OF YOUR PERSONAL INFORMATION

Please refer to our Privacy Policy for ways in which we may use your personal information.

12 OTHER IMPORTANT TERMS

12.1 Any contract between you and us is binding on you and us and on our respective successors and assigns. 
12.2  You may not transfer, assign or otherwise dispose of any part or all of this contract.
12.3 We may transfer, assign, charge, sub-contract and/or otherwise dispose of part or all of a contract at any time.
12.4 Each of the paragraphs of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
12.6 We have the right to amend these Terms from time to time. However, each contract will be subject to the Terms that were in force at the time of your order, except to the extent that any change is required by law, regulation or governmental body (whether before or after we give you a Confirmation), or we notify you of any changes to these Terms before we give you a Confirmation. 
12.7 These Terms shall be governed by and construed in accordance with English Law and shall be subject to the non-exclusive jurisdiction of the English courts. 

13 OUR COMPLAINT HANDLING PROCEDURE

13.1 If you have a complaint relating to these Terms or a product, we will attempt to resolve the complaint using our internal complaints-handling procedure. 
13.2 However if you are not happy with the outcome of our internal complaints-handling procedure and wish to take the issue further without going to court, you may wish to contact the alternative dispute resolution provider we use, RetailADR. Further information on the RetailADR can be found at: https://www.retailadr.org.uk/ Please note we are not obliged to accept the jurisdiction of the aforementioned provider.

Dated: March 2024

Cancellation Form 
(Complete and return this form only if you wish to withdraw from the contract) 
To: Phoebe Philo Limited
Address: 125 Freston Road, London, England, W10 6TH 
Telephone: +39 02 8294 0500 (for EU calls); +44 808 304 9738 (UK toll free number); or +1 888-315-0096 (US toll free number) 
Email: clientservices@phoebephilo.com

I hereby give notice that I cancel my contract of sale of the following goods: [INSERT DETAILS - please ensure you provide the name and SKU number of the product(s) to be returned – you can find these details in your order’s history by logging into your account.

Ordered on [*]/received on [*]: [INSERT DETAILS].
Order number: [INSERT DETAILS].
Name of consumer: [INSERT DETAILS].
Address of consumer: [INSERT DETAILS].
Date [INSERT DETAILS]
[*] Delete as appropriate
[*] Delete as appropriate

It is not obligatory to use this Cancellation Form. It is easiest and quickest to follow the instructions for return as set out at clause 8 of these Terms. If you do wish to use this Cancellation Form, please send it to us at the email address set out at the top of this Cancellation Form.

Website Terms of Use

1 Welcome to Phoebe Philo 

1.1 Welcome to the Phoebe Philo website at www.phoebephilo.com (“Website”). 
1.2 The Website is operated by Phoebe Philo Limited (“we”, “us”, “our”). Our registered office is at Phoebe Philo Ltd, 125 Freston Road, London, England, W10 6TH and our registered company number is 12428990. Our VAT registration number is GB348666358.
1.3 Access to and use of our Website is subject to the terms and conditions set out on this page ("Terms of Use"), as well as our Privacy Policy and our Privacy Policy.
1.4 By accessing our Website you agree to our Terms of Use. If you have any questions about them, please contact us using the contact details at the end of these Terms of Use.
1.5 If you purchase any products or services from us, your purchases will be subject to our Terms of Purchase.

2 Our Terms of Use 

2.1 Please ensure that you have read and understood our Terms of Use, our Privacy Policy and our Cookie Policy. We recommend that you save and/or print a copy for future reference.
2.2 From time to time, we may vary our Terms of Use. The revised Terms of Use will be available on our Website. Please check back regularly to ensure you are aware of any variations we may make. If you continue to use our Website after we make any changes, you will be deemed to have accepted any variations to our Terms of Use. If you do not agree to such variations, we ask you not to use our Website. These Terms of Use were last updated on the date stated at the bottom of this page.

3 Accuracy and Availability of Our Website 

3.1 We do our best to make sure that our Website is accurate, up-to-date and free from bugs, but we cannot promise that it will be and you are responsible for putting in place your own internet security and safety measures.
3.2 Our Website is provided free of charge and has not been developed to meet your specific requirements. We cannot promise that it will be fit or suitable for your specific purposes. 
3.3 Materials posted on our Website are provided for general information purposes only and to inform you about us and our news, features, products and services. This information is not intended as any form of advice and should not be relied on as such. Any reliance that you may place on the information on this Website is at your own risk.
3.4 Access to our Website is permitted on a temporary basis and we reserve the right to suspend or terminate access to any part of it at any time without notice.
3.5 We update our Website regularly and reserve the right to add, remove and otherwise change its content at any time without notice.

4 Access to Our Website 

4.1 You are responsible for making all arrangements necessary to access our Website (and for any costs of doing so). In particular, you are responsible for ensuring that your computer and/or portable device is compatible with our Website.
4.2 You are responsible for ensuring that all persons accessing the Website through your internet connection are aware of these Terms of Use. 
4.3 We want you and others to enjoy using our Website. When doing so, we ask that you observe the following rules: 
(a) you are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website for commercial purposes;
(b) you agree not to use our Website for any illegal or unauthorised purpose and you agree to comply with all laws and regulations applicable to your use of our Website, including copyright and other intellectual property laws;
(c) you must not attempt to restrict another user of our Website from using or enjoying our Website and you must not encourage others to breach our Terms of Use;
(d) you must not interfere with our Website or any servers or networks connected to our Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any page of our Website is rendered or displayed in a user’s browser or device; 
(e) you must not change, modify or alter our Website or change, modify or alter another website so as to inaccurately imply an association with our Website or with us; 
(f) you must not access our Website via a means we have not authorised in writing in advance, including automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies); and
(g) you must not use, or cause others to use, any automated system or software to extract content or data from our Website except where you or any applicable third party has entered into a written agreement with us that permits such activity.
4.4 If you breach any of our Terms of Use, or any of the other terms and policies referred to in our Terms of Use, your ability to access and use our Website may be terminated by us immediately, where possible by giving written notice to you using the contact details you provide to us.

5 Accessing your Account

If you register for an account on our Website, you will be required to enter your email address as your user name and select a password, as well as providing other personal information. Your account details are personal to you and you must keep such information confidential and not disclose them to any other person. We will be entitled to treat any action carried out through your account as being carried out by you. You must notify us immediately if you have reason to believe that your account details may have been compromised or used by any other person. We reserve the right to suspend or terminate your access to your account for any reason in our discretion.

6 Your Privacy & Cookies 

6.1 The privacy of your personal information is important to us. Any personal information that you provide to us will be dealt with in accordance with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information. 
6.2 Our Website also uses cookies and similar technologies. Some of these are necessary for the operation of our Website, some provide specific features and functionality and others are used to collect information to help us analyse how our Website is used. Please see our Cookie Policy for more details of how we use cookies and similar technologies.

7 Our Intellectual Property Rights

7.1 Our Website and its contents are protected by certain rights, including registered and unregistered intellectual property rights (“Rights”). These Rights belong either to us or to our licensors. We and our licensors expressly reserve all Rights in and to our Website and its contents. In particular, we reserve all Rights in the name “Phoebe Philo” the “www.phoebephilo.com” domain name and all related domain names, trade marks, logos, brand names and/or trading names appearing on our Website. Nothing in these Terms of Use grants you any legal rights in our Website or its contents other than as necessary to enable you to access and use our Website in accordance with these Terms of Use. The use of any trade marks on our Website is strictly prohibited unless you have our prior written permission.
7.2 You may only view, print out, use, quote from and cite our Website and its contents for your own personal, non-commercial use on the condition that you give appropriate acknowledgment to us where appropriate and you do not remove our copyright or other proprietary notices.

8 Uploading your Content to our Website 

On certain parts of our Website, you may be invited to upload materials to our Website and/or make contact with us (“Your Content”). If you choose to upload materials, you must ensure that Your Content complies with our Acceptable Content Guidelines below.

9 Acceptable Content Guidelines   

9.1 Your Content must not:
(a) contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence;   
(b) be illegal or infringe the Rights of any third party, in any country in the world; and 
(c) be technically harmful (by way of example it must not include any computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).  
9.2 By uploading Your Content to the Website, you hereby grant us and our designees an irrevocable non-exclusive licence (which is unlimited in time) to view and use Your Content without restriction, including by way of example for commercial purposes.   
9.3 We reserve the right to remove Your Content as we see fit.  You are urged to keep back-up copies of any of Your Content submitted to us.

10 Our Liability to You 

10.1 Consumers have certain legal rights when using our Website. These are also known as “statutory rights” as they are derived from laws such as the Consumer Rights Act 2015. Nothing in these Terms of Use affects these rights. In particular, we do not exclude our liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any matter for which it would be illegal for us to limit or exclude our liability.
10.2 We will not be liable for any loss that is not caused by us or that was caused by any event or circumstance beyond our reasonable control.
10.3 Except as stated in clause 10.1(a) we shall not be liable for any loss of profits or revenue, loss of anticipated savings, loss of or damage to data or loss of goodwill; and (b) our maximum liability to you in respect of your use of our Website or any matter arising under or in connection with these Terms of Use is £50.
10.4 Nothing in these Terms of Use affects our liability to you in respect of products or services that you purchase from us. Our liability to you in respect of your purchase of products or services from us will be as set out in our Terms of Purchase. 

11 Your Liability to Us 

Any use by you of the Website or its contents in a manner not expressly permitted by our Terms of Use may mean that you are infringing our Rights and/or the Rights of our licensors. We and our licensors reserve all rights and remedies available in respect of any such infringement.

12 Linking to our Website  

12.1 You may link to any page of our Website, provided that you do so for non-commercial purposes and in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. We reserve the right to withdraw linking permission at any time and without notice.
12.2 You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not remove, obscure or modify in any way any advertisements, copyright notice, or other information on our Website. Our Website must not be framed on any other website. 

13 Third Party Websites & Services 

13.1 Where our Website may contain links to third party websites and services, if you decide to visit any third party website or use a third party service, or purchase products from that third party, you do so at your own risk. It is your responsibility to satisfy yourself as to the reputation of such third parties and the services they offer. We are not responsible for the content, accuracy or opinions expressed on third party websites or services. Links that we make available do not imply that we are, or our Website is, affiliated to or associated with such websites or services.
13.2 Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to or from our Website, is subject to that operator’s own rules and policies. In particular, third party websites will process your personal information in accordance with their own privacy policies. Please read all applicable third party policies and terms and conditions before proceeding.

14 General Provisions & Applicable Law  

14.1 You may not assign, sub-license or otherwise transfer any rights under our Terms of Use. 
14.2  If any provision of our Terms of Use is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of our Terms of Use, which will remain in full force and effect.
14.3 If we fail to exercise any right or remedy under our Terms of Use, our failure does not constitute a waiver of that right or remedy. Any waiver must be in writing and signed by us.
14.4 These Terms of Use and your use of our Website shall be governed by and construed in accordance with English Law and shall be subject to the non-exclusive jurisdiction of the English courts. 

15 Enquiries & Complaints 

15.1 If you have an enquiry or complaint about our Website, you can contact us by: (1) email at clientservices@phoebephilo.com; (2) telephone on on +39 02 8294 0500 (for EU calls); +44 808 304 9738 (UK toll free number); and +1 888-315-0096 (US toll free number)[insert telephone number; (3) post at our registered address above; or (4) LiveChat via our website. We will try to answer your enquiry or resolve any complaint as soon as possible.
15.2 If you have an enquiry or complaint about any purchase you have made from us, please refer to our Terms of Purchase for details of how we can help.

Dated: October 2023