Terms & Conditions

Terms & Conditions

Please read our Terms and Conditions so that you have a clear overview of shopping with us. Please be sure to read, and make sure you understand, the Terms and Conditions prior to using the Platforms and placing an Order with Avenue. We charge fees to power your experience with Avenue, including adding new features and providing great customer service, please refer to section 14.8. Our fees are non refundable. By using our Platforms (for example www.avenueretail.co.uk or the Avenue app), you agree to be bound by the Terms and Conditions.

DefinitionsThe following definitions apply to these Terms and Conditions: "EU" means a European Union member state, which, for the time being, includes the UK. "Non EU" means any other country that is not an EU member state. "Order" means an online transaction made by you via the Platforms for one or more Products, to which these Terms and Conditions apply. "Personal Information" means the details you provide to us when you use the Platforms, such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password. "Platforms" means any digital way of accessing the Avenue store and includes the website located at www.avenueretail.co.uk, or any subsequent URL which may replace it, and the Avenue app accessed using a mobile device. "Product" means a Product displayed for sale on the Platforms. "Product Description" means the section displayed on the Platforms where certain Terms and Conditions in respect of the individual Product are provided, which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product. It shall also include, where appropriate, specific delivery dates and times, warranties, after-sales service and guarantees about that Product. "Avenue Account means your personal customer account set up by you on the Platforms. "Terms and Conditions" means these Terms and Conditions. "We", "us" or "Avenue" means Avenue. Please note, that when arranging delivery of your Order, Avenue may instruct a third-party courier or postal carrier to deliver it to you. However, Avenue will ultimately be responsible for managing the delivery of your Order, so for the purposes of these Terms and Conditions, all references to "we", "us", or "Avenue", will be taken to include such third parties. "UK" means, for the purposes of these Terms and Conditions, England, Wales, Scotland and Northern Ireland. "Users" means the Users of the Platforms collectively. "You" means a User of the Platforms. 1. Using the Platforms

1.1 By using our Platforms (for example www.avenueretail.co.uk or the Avenue app), you agree to be bound by the Terms and Conditions.

1.2 The Platforms provided are solely for your personal use and should not be used for any commercial purposes. To place an Order on the Platforms you must be at least sixteen (16) years old, however we reserve the right to only accept an Order from those over eighteen (18) years old. We reserve the right to make changes to any part of these Terms and Conditions from time to time, so please ensure you check the latest version. We may modify or withdraw the Platforms (or any part of them) temporarily or permanently, and we shall not be liable to you or any third party for any modification to, or withdrawal of, the Platforms and you agree to use the Platforms on this basis. If you do not agree to any changes in these Terms and Conditions, we advise you to stop using the Platforms.

1.3 All text, graphics, photographs including all image rights, videos, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the "Content") belongs to Avenue (or is licensed to Avenue). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without Avenue' prior written permission.

1.4 You agree that any information you submit to the Platforms including Personal Information shall be true, accurate, current and complete. If you submit to the Platforms any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become Avenue' property. You agree that anything you submit shall not infringe any right of any third party, nor contain anything libelous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. You agree that you are and shall be personally responsible for your use of the Platforms. If we determine that you are, or have been, engaged in activities which are unlawful, abusive, obscene or constitute an invasion of privacy, we may deny you access to the Platforms at any time.

1.5 You must not establish any link to the Platforms to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you. The Platforms must not be framed on any other site, and you may not create a link to any part of the Platforms other than the home page.

1.6 While we endeavour to verify the accuracy of any information we place on the Platforms, we make no warranties (whether express or implied) in relation to its accuracy. The Platforms are provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Platforms, or any transaction that may be conducted on or through the Platforms, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

1.7 We make no warranty that the Platforms will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Platforms. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Platforms.

1.8

The Platforms may contain links to other websites or applications which are not operated by Avenue or information on services provided by third parties. When you activate or utilise any of these you will leave the Platforms and we have no control over, and will not accept any responsibility or liability in respect of the material on any website or application or any service provided by a third party which is not under our control.

2.Avenue Account, Personal Information and Security

2.1 By placing an Order, you agree and understand that we may collect, use, store and process your Personal Information in accordance with our Privacy & Cookie policy. Avenue fully respects the privacy of individuals who access and use the Platforms. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy & Cookie policy, which are incorporated into and form part of these Terms.

2.2 When you register for an Avenue Account, you agree that: a) The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete; and b) If any of your information changes (for example you change address), please let us know by updating your Avenue Account online or contacting our Customer Services team by email cs@avenueretail.co.uk or our online chat facility.

2.3 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

2.4 You are responsible for keeping your Avenue Account and Personal Information confidential. Please notify us immediately of any unauthorised use of your Avenue Account or Personal Information and, any breach of security or misuse, or suspected breach of security or misuse of such. Please ensure that you sign out from your Avenue Account at the end of each session if you use a shared computer. We will not be liable for any loss or damage arising from your failure to comply with this clause.

3.Our Products

3.1 We will take all reasonable care to ensure that all Product Descriptions are correct. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.

3.2

Products are subject to availability and Products that are in your basket are not reserved and can be purchased by other Users. We will do our best to remove any Products which have sold out at the earliest opportunity. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock after we have accepted your Order, then Avenue shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall deliver your product as soon as stock becomes available and as quckly as possible within 30 days and will notify you as soon as possible. If it is obsolete or no longer available, you will be refunded in full.

3.3 If, due to unforeseen circumstances or in the event of supply difficulties, it is necessary to substitute a Product (please note that this includes Products supplied as part of a hamper), the Product will be of equal or greater value than that which it replaces, albeit at no extra cost to you. If you receive the substitute Product and do not want to accept it, then we will reimburse you for the cost and return of that Product.

4.Pricing

4.1 We endeavour to ensure that all Products on the Platforms are available at the same price. Additionally, Products sourced from stores through our RDS network will command an additional charge.

4.2 Any coupon, discount, offer or promotional discount (the “Promotion”) offered on the Platforms are non- transferable and valid only for use as part of a purchase made via the Platforms, unless otherwise stated and subject to availability. No cash alternative will be offered on any Promotion. The Promotion cannot be used in conjunction with any other coupon, offer or promotional discount and it must be redeemed by the date published (if applicable and provided). Under no circumstances will we be able to honour incorrect promotions and discount codes offered by third parties who we are not affiliated with and/or have not agreed to run a Promotion with.

4.3 Product prices shown on the Platforms are in British Pounds, currency will vary depending on the geographical location and are inclusive of UK value added tax ("VAT") (where applicable), at the appropriate rate. Where you have requested delivery of your Order to an EU country, the total cost of your Order will include VAT. Where you have requested delivery of your Order to a non-EU country, the total cost of your Order will not include UK VAT. However, it will include any taxes, duties, fees, levies or other charges levied by that non-EU country, which will be added to your Order at checkout and paid on your behalf by Avenue to the relevant local customs authorities (where possible). You acknowledge and accept that additional taxes, duties and charges may be levied on your order delivered outside of the EU despite Avenue efforts to ensure no additional charges are levied upon or following delivery.

Product prices shown on the Platforms (irrespective of which currency you choose to pay in) may change from time to time. Please also be aware that the price of a Product may change at checkout if it is subject to any taxes, duties, fees, levies or delivery charges applied in the country you have selected for delivery of your Order.

4.4 Although we try to ensure all our Products' prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product we shall be under no obligation to accept or fulfil an order for this Product at the incorrect price and reserve the right to cancel such an order that has been accepted or is in transit.

4.5 You will be the importer for the international delivery of your Order (i.e. any Order delivered to a country other than the UK). Therefore, before placing an Order, it is your responsibility to check that the Products you are planning to import comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order. If any customs requirements apply or charges are due, you agree to be responsible for these. 5. Product Restrictions

5.1 There may be instances where due to restrictions (legal or otherwise) or practices in relation to a Product, we are prevented from being able to deliver it to you (for example age- or country-restricted products such as alcohol). Avenue shall not be held liable in relation to any Product that we are unable to sell or deliver to you as a result of such restrictions. Please refer to the Product Description of your selected Product(s) to see if any restrictions apply. In the event that a restriction is enforced after you have placed your Order with us, we will do our utmost to notify you as soon as reasonably practicable.

5.2 If you place an Order for any Products which are age-restricted, you warrant that you meet the age requirement for that Product, for example over eighteen (18) years to place an Order for any alcohol product. It is an offence to buy or attempt to buy age-restricted Products if you are under age or to purchase such Products for someone else who is under age.

5.3 We reserve the right not to sell or deliver any age-restricted Product to anyone who is, or appears to be, under the required age. If you have purchased an age-restricted Product and have ordered it using the Avenue' 'Click & Collect' service, proof of ID may be requested upon collection of that Product.

6.Order Process

6.1 Avenue takes all reasonable care, in so far as possible, to keep the details of your Order and payment secure, but in the absence of negligence on our part, we will not be liable for any loss you may suffer if a third party procures unauthorised access to any Personal Information you provide when accessing or placing an Order on the Platforms. For more information on how we use and protect your Personal Information, please refer to our Privacy & Cookie policy.

6.2 The technical steps to place your Order and create a contract of sale between you and Avenue are, as follows: a) You place an Order on the Platforms by pressing the 'Buy Now' button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Platforms.

b) We will send you an email confirming your Order which will detail the Product(s) (including their Product Descriptions) that you have ordered. This email does not constitute an acceptance of your Order by us and a contract does not exist between us at this point.

c) As your Order is shipped by us we will send you a dispatch confirmation email. Please note, that we may also send you an SMS to notify you that your Order has been dispatched. Alternatively, in relation to our 'Click & Collect' service, we will send you an email (as well as possibly an SMS) to confirm that your Order is ready for collection. Upon sending either of these emails, your Order will be taken to have been accepted by us unless we have notified you that we do not accept your Order, or you have cancelled it.

d) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address on the date and time nominated by you (as far as applicable) or make it available for collection through our Click & Collect service. 6.3 Your Order is subject to English law. Your Order will be complete and the Product(s) in your Order will then be owned by you (and so risk of loss or damage to such) will pass to you in the first instance of either of the below taking place: a) the date on which we receive payment in full for the Product(s); or

b) the date and time of collection of it from a 'Click & Collect' collection point, in Avenue partner stores or delivery by us to your nominated address, safe place, neighbour or as specified by you to our delivery partner. The Order is your responsibility from the time the delivery is made to the address or safe place you gave to us.

6.4 We shall be entitled to supply Products ordered as part of one Order separately. This may mean that Products are dispatched or available for collection separately. There may be certain circumstances where we can supply only part of an Order.

6.5 Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons: a) A Product you ordered is out of stock; b) We are unable to obtain authorisation for your payment; c) We have identified an error with a Product Description, including but not limited to a pricing error; d) You do not meet the eligibility requirements as specified in these Terms and Conditions; e) There is a system or procurement failure; f) You fail our customer validation checks; g) There are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you; or h) We believe you are generating orders for commercial gain and not personal use;

6.6 We reserve the right to cancel your Order even after we have accepted it, for any of the reasons listed in Clause 6.5 of these Terms and Conditions.

7.Payment and payment methods on the Platforms

7.1 You can currently pay in British Pounds other currencies will apply when you order using our other platforms in your geographical location e.g, US Dollars, Hong Kong Dollars, Chinese Yuan, Australian Dollars, Euros, Canadian Dollars, Taiwanese Dollars, South Korean Won, Singapore Dollars or such other currency as we may accept from time to time.

7.2 We accept payment for Orders by Maestro, MasterCard, Visa, Visa Debit, American Express, Solo, Electron, gift cards and e-vouchers.

7.3 If you choose to pay for your Order using a payment card with a currency denominated account that is different from the currency you are paying in, your payment card will be charged in the payment currency at the foreign exchange rate applied by your relevant payment card provider or bank at the time of processing your Order. Your international payment card provider or bank will determine the foreign exchange rate and may add an additional processing or administration charge which you will be liable to pay.

7.4 By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorisation; to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.

8.Gift Cards and e-vouchers

8.1 Avenue gift cards can be exchanged for products and can also be used to purchase Products via the Platforms or over the telephone. Avenue e-vouchers can only be used to purchase Products via the Platforms.

8.2 The minimum amount to activate an Avenue’ gift card is ten pounds (£10.00). A gift card or e-vouchers cannot be exchanged for cash or refunded. If the Products purchased online total less than the value of your gift card, any balance will be left as credit for you on your gift card. If the Products purchased online total less than the value of your e-voucher, then it will not be possible to process your Order and you will receive an error message. You can only use your e-voucher once and the total value of the Products you are purchasing must be equal to or greater than the value of the e-voucher.

8.3 When redeeming a gift card via the Platforms, you will be required to give the serial number on the gift card, and the online security code which is revealed by scratching off the holographic panel on the gift card. In relation to an e-voucher, in order to redeem this via the Platforms, you will need to enter both the registered email address to which the e-voucher was originally sent, as well as the serial number appearing on the e-voucher itself.

8.4 You should treat your gift card as cash – we cannot replace lost or stolen gift cards or refund the balance of a gift card used without your permission. If your gift card becomes accidentally damaged or if you have any issues with using your gift card or e-voucher, please contact Avenue' Customer Services by email cs@avenueretail.co.uk. Or using online chat facility

9.Avenue Employees

9.1 Avenue employees ordering products from the Platforms, and who are entitled to staff discount, agree that they have read and adhere to the Terms and Conditions of the Avenue staff discount policy. Employees with any questions about this discount policy please contact your HR department.

10.Delivery 10.1 You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We will not be liable for the delivery of your Order as a result of you supplying us with incomplete or inaccurate information. Parcels may require a signature on delivery.

10.2 Please note, if you choose to use any of our delivery partners’ personalised services (including but not limited to having your parcel delivered to a neighbour or left in a safe place), Avenue shall not be held liable for any items which are lost, damaged or delayed.

10.3 We will make every effort to deliver your Order within the estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, import delays or higher-than-anticipated demand. Avenue shall not be liable for any delay or failure by us to deliver your Order within the estimated timescales as a result of such delays. Please note that delivery of your Order may take longer during sale or other busy periods.

10.4 International delivery cannot be implemented using our uk site. Customers are adviced to use our local site available in your location. If an item you purchase from your geo location will be shipped from an international location, we will notify you of the international delivery charge(s) applicable to your Order at checkout and the amount will be added to the total amount of your Order. Delivery lead times of your Order to an international address will vary according to its destination. 11. Avenue 'Click & Collect'

11.1 Avenue 'Click & Collect' is a complimentary collection service available in some of our partner stores. Orders placed using our 'Click and Collect' service will be treated as a UK Order and will include UK VAT.

11.2 The Avenue 'Click & Collect' service allows you to choose a collection date up to fourteen (14) days in advance of when you would like to collect your Order. You can choose your date for collection at checkout. We can only offer next-day collection from 12pm on Orders placed before 10pm on the previous day. However, please note that for certain Products or during busy periods, it may not always be possible to offer you next-day collection. In such circumstances, we will show you the earliest available collection date for your Order at checkout.

11.3 We will make every effort to make your Order available for collection within the estimated timescales. However delays are occasionally inevitable during sale or other busy periods or due to unforeseen factors or events outside our control, for example, extreme weather, a flood or fire. Avenue shall not be liable for any delay or failure to make your Order available for collection within the estimated timescales. 11.4 After you have received an email from us notifying you that your Order is ready for collection, please collect your Order from the designated collection point in the relevant store where you asked for your Order to be sent. Please see your 'Ready to Collect' email for details of where the collection point is located.

11.5 When collecting your Order from a store please make sure that you bring either a valid passport, driving licence or the payment card that you used to place the Order. Please also bring your 'Ready to Collect' email or Apple Wallet confirmation. For Gift Card orders you will need to bring a passport or photo driving licence.

11.6 With the exception of the circumstances listed in clause 11.7, you can ask a friend to collect an Order on your behalf, but please make sure that they have a copy of your 'Ready To Collect' email as well as their passport or photo driving licence.

11.7 If you paid for your Order using PayPal, or if your order contains fine jewellery or watches, then orders must be collected by yourself. There are also certain Products which you will be required to collect from the relevant brand boutique, these include fine jewellery and watch brands such as Van Cleef & Arpels, Chopard, Tiffany, Bulgari, De Beers, Chanel, Boucheron, Cartier, Repossi and Vashi.

11.8 We are unable to offer the 'Click & Collect' service on certain Products for example (but not limited to) Tek Zone.

11.9 If you fail to collect your Order within seven (7) days of your collection date, your Order will be returned to Avenue and will no longer be available for collection. Please note that in relation to certain Products this period may be shorter and we would advise that you check a Product's Description for further details. If you fail to collect your Order within the set period of time then we will automatically refund the original purchase price of your Order. Please refer to our Returns Policy for more information.

12.Cancellation 12.1 You have a statutory right to cancel your contract of sale at any time up to fourteen (14) days after the day on which you receive your Order, subject to a £5 cancellation fee. If you place an Order for several Products and they are delivered separately then your fourteen (14) days will start the day after you receive the last Product in your Order. You need to return the item within twenty eight (28) days after the day on which you receive or collect your Order in order to receive a refund. For information on refunds please see our Returns Policy.

12.2 If, for any reason, you wish to cancel your contract before your Order has been dispatched or you have been notified that it is available for collection, then you need to let us know. You can do so by contacting Avenue' Customer Services team or by email: cs@avenueretail.co.uk or using our online chat facility. Once we have received notification from you of your wish to cancel your contract, subject to any monies having been taken from you, provided the items have not been dispatched then we will refund you the original purchase price and delivery charge for your Order within fourteen (14) days subject to a cancellation fee of £5. For more information, please see our Returns Policy.

12.3 It may not always be possible to stop an Order from being dispatched or made available for collection. If you decide to cancel your contract and your Order has already been dispatched or you have been notified that it is ready for collection, then you need to let us know and return the Product within twenty-eight (28) days from the day after you receive or collect your Order. We may withhold any reimbursement until we have received the Order back or you have supplied evidence of having sent the Order back, whatever is the earliest. You can notify us by using any one of the options identified in clause 12.2 above. Please refer to "How to return an Item" in our Returns Policy.

13.Returns Policy 13.1

We charge a £2.99 returns and handling fee. Products must be returned in a saleable condition within twenty-eight (28) days of receiving your Order. Products must be unused and in their original packaging with garment tags and any other security devices or seals still attached and intact when they are returned to us. We reserve the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product, its tags, security devices or seals have been used, removed, broken or tampered with.

13.2 Please note that your right to cancel or return a Product does not apply to certain types of Products. The following list provides a non-exhaustive list of the types of Products you cannot cancel or return: a) Products which are bespoke, have been made to measure, altered, or personalised to your specification; b) Products which are vintage, pre-owned, up-cycled or second-hand; c) Hampers or perishable goods e) Unsealed audio or video recordings (such as CDs, DVDs), unsealed computer software; unsealed headphones, handsfree kits and blue tooth units with headphones and/or microphones; laptops and TFT screens with less than three (3) dead pixels within one (1) month of purchase; electronic products damaged by viruses, worms or other destructive programs downloaded or transferred to the product through use and/or containing software that is illicit or otherwise unauthorised by the software owner; f) Unsealed beauty items including toiletries and cosmetics which have been opened, tested or partially used; and g) Fragrance when delivered outside the UK, which cannot be returned due to restrictions on delivering hazardous products.

13.3 Where lingerie, swimwear, cosmetics and earrings are protected by hygiene seals, you are required to take reasonable care by not removing the hygiene seals. Refunds will not be provided if the hygiene seals have been removed, broken or tampered with.

13.4 Some of our brands, including watches, jewellery, technology and furniture, have their own policies: Please note that clauses 13.2 and 13.3 do not apply to faulty or incorrectly supplied Products where your statutory rights are unaffected.

How to return an item Process for all returns (UK) 13.5 You have 28 days from the date on which you received or collected your Order to return the Product(s). Please note that we do not need to have received the Product(s) within the 28 days if you have organised for the return to be made within this 28-day period.

13.6 Should you choose to return your Order through any other process not outlined in these terms and conditions (including a different carrier or postal service and not following the appropriate process for the value of the Product(s) as listed below), then any cost associated with that, as well as the risk, loss or damage to your Order shall be borne by you.

13.7 Any packaging, dust bags or authenticity labels must be returned with the Products otherwise we will not be able to refund the Order.

Process for returning a UK Order

13.8 Subject to 13.6, we will pay for the cost of returning any Order delivered to you within the UK. If you wish to return your Order then please follow the steps below:

13.8.1 a) Take the delivery note that accompanied your Order and fill in the relevant sections to indicate which Product(s) you wish to return. Please be sure to indicate the quantity of a particular Product that you are returning to us and select one of the appropriate "return codes" (as described on the delivery note) to indicate the reason for your return. b) Having completed the delivery note, please be sure to include it in your returns package along with the relevant Product(s). c) Return your order using the Royal Mail’s tracked service. Please visit Returns page and then follow the steps to register your returns and our return details will be given by email once approved. For more information, please call our Customer Services team using our online chat facility. Fine Jewellery & Watches - Returns 13.13 Orders relating to certain fine jewellery and watches brands must be returned using secure mail and insured to the value of the item. We do not accept any responsibility for lost or stolen returns.

14.Refunds policy

Refunds on UK and EU Orders. 14.1 Within fourteen (14) days of us receiving your Order back by post, or receiving proof from you that your Order was returned to us, we will refund you the original purchase price and delivery charge for your Order, provided that you return the Product(s) to us in a saleable condition. We charge a £5 cancellation fee and for returns £2.99 returns and handling fee. Our fees are non refundable.

14.2 Refunds will be issued back to you as follows: a) If you paid for your Order using a credit or debit card then your refund will be made back to the same card or as Avenue credit irrespective of whether you return your Order via post. This will appear in your account or Avenue wallet within five (5) days depending on your card issuer. b) If you paid for your Order using a gift card or e-voucher and returned it to us via post, then the refund will be made back to you via an e-voucher. d) If you paid for your Order using a gift card or e-voucher as well as your credit or debit card, then any refund for that Order will be made back in the same amounts to the same payment methods that you used when originally placing your Order, with priority given to your credit or debit card. This means that if you placed an Order for £100 but used a £50 gift card, with the remainder paid for using your debit card, then you will receive a £50 refund to your debit card and a £50 refund to a e-voucher (if you returned your item via post).

14.3 Subject to the delivery option that you selected when first placing your Order (for more information, see Dispatch and Delivery), we will also refund you one of the following: a) If you chose and paid for Standard Delivery of your Order, then we will refund you the full cost of this. b) If you chose and paid for either Nominated/Next Day or Same Day delivery of your Order, then it is at our sole discretion as to whether we refund you this delivery charge. At the very least you will be refunded the cost of what the Standard Delivery for your Order would have been. c) Please note that if you chose our 'Click & Collect' service, there would have been no delivery charge for your Order and so no refund for delivery will be necessary. d) If you are only returning part of your Order which was delivered to the same address, then there will be no refund for delivery.

14.4 In order to arrange for a refund of an original delivery charge (as outlined above), please contact our Customer Services Team cs@avenueretail.co.uk or using our online chat facility.

Promotional discounts and refunds 14.5 If a promotional discount applied to your Order originally, then the same discount will be applied to each Product of your Order that you return. This means that you will only be refunded the amount that you originally paid for your Order or any given Product. Further, any free promotional gift given with an Order must also be returned if you are returning the Product(s) to which the gift related. When returning discounted products online, the usual 28-day returns policy applies to allow you time for returning the products.

Repeated Returns 14.7 We monitor the number of returns made by customers, and repeated returns will be flagged and may, at our discretion, lead to the closure of your Avenue Account.

14.8

Fees and Charges

A summary of our fees and charges when shopping on Avenue

We charge fees to power your experience with Avenue, including adding new features and providing great customer service. Our fees are non refundable*

Service fee: Our service fee is £2.00 but will vary and calculated at checkout

Cancellation fee: A charge £5.00 for order cancellation.

Return Fee: A charge a return and handling fee of £2.99

Chargeback fee: It's Free to contact us for refund. Making a chargeback claim costs us money, a fee of £20 is chargeable for administration of each claim.

Shipping cost:

Tracked 48 Postal Delivery: Our standard delivery charge £5.95 for uk mainlaind delivery with a parcel weight not exceeding 2kg. Your parcel is tracked service and will be delivered within 48hours from dispatch.

Inner City Delivery Service: The closer you are to our hubs, the lower your delivery fee. Calculated at checkout or you will be advised of cost. Our delivery timeline is between 1-4hrs and is subject to availaility in your area.

*delivery fees may be refunded subject. to our t&c's

Liability and Indemnity

15.1 If the fulfilment of an Order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, or you fail any of our fraud detection or anti money laundering detection checks, Avenue has the right to stop or cease to fulfil the Order (or part thereof) at any time and shall incur no liability in such circumstances.

15.2 You have certain rights as a customer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the United Kingdom, contact your local authority Trading Standards Department or Citizen's Advice Bureau. Nothing in these Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these Terms and Conditions with reasonable care and skill.

15.3 Any Orders delivered to you will be of satisfactory quality. However, if we deliver an Order that is not of satisfactory quality, you can: a) contact us for a full refund within thirty (30) days of delivery; or b) contact us for a repair or replacement.

15.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the material or Content on the Platforms, a Product, or the conduct of other Users of the Platforms, even if Avenue has been advised of the possibility of such damages.

15.5 You agree to fully indemnify, defend and hold harmless Avenue, our agents, officers, directors, employees and suppliers, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Platforms, or the use by any other person accessing the Platforms using your Avenue Account and/or your Personal Information.

15.6 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.

16.General 16.1 We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.

16.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

16.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.

16.4 The Platforms may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Platforms and any transactions conducted on or through the Platforms. These Terms and Conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts.

16.5 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms Conditions such that no third party may claim any rights under these Terms and Conditions.

16.6 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Platforms, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Platforms. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

16.7 These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and Avenue. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by an Executive officer of Avenue. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory tights are not affected by these Terms and Conditions.

16.8 These Terms and Conditions were last updated on 24 July 2024. 17. Comments and Complaints Procedure 17.1 Please contact us if you have any comments or complaints by contacting our Customer Services team by email cs@avenueretail.co.uk. We will always endeavour to resolve any dispute as swiftly as possible.

17.2 If you are not happy with how we have handled your complaint, you have the option to use Alternative Dispute Resolution (ADR) rather than issuing a claim against Avenue. ADR is a process which is free for you to use and involves an independent body considering the facts of your dispute and producing a written determination which is binding on Avenue.

If you would like to pursue ADR , you will need to submit a complaint to Retail ADR (previously the Retail Ombudsman) in writing at Retail ADR, 12–14 Walker Avenue, Wolverton Mill, Milton Keynes MK12 5TW), by email (enquiries@cdrl.org.uk) or by phone (+44 (0)20 3540 8063). Please note that any disputes may also be submitted for online resolution to the European Commission Online Dispute Resolution platform. 18. Our details / PARTICULARS OF OWNERSHIP18.1 Avenue Retail Online Limited. Registered in England and Wales. Company number 16339200. Registered office address 128 City Road London EC1V 2NX. Our customer service details are cs@avenueretail.co.uk or by using our online chat facility.19. Supplier Terms and Conditions All our supplier guidelines, Terms and Conditions and ethical trading requirements are accessible through the below links

TERMS& CONDITIONS (RDS)

These terms and conditions (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of our website http://www.AVENUE RETAIL.co.uk, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the "Websites" and “Website” being a reference to any one of them) and the other services that we provide (the "Services").

Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.

1)Understanding these Terms and Conditions

When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks). When we refer to "AVENUE ", "we", "us" or "our", we mean AVENUE or, where relevant, its affiliates. Where we refer to "you" or "your" we mean you, the person using the Services.

We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).

2)About us

IMPORTANT: If you are purchasing products from any of the brands or boutiques (“Selected Partners”), then additional or different terms may apply to you in this section. We are AVENUE and, along with certain of our affiliates, we operate the Website. AVENUE is a business vat registered in England and Wales. We, along with certain of our affiliates, provide the services through the website. Further details of the services we provide are set out in section 3 below. When you purchase products using the website, you are purchasing them from third party retailers and brands on your high street or boutiques. It is important that you understand that the contract for the purchase of the products is between you and the relevant retailer. We are acting as facilitators and agents; the retailers are the principals. We are not a party to that contract, and you are not purchasing the products from us. or through us as your agent. Further details about the products, the Partners and the contract between you and the Partners in relation to your purchase of the products are set out in sections 5, 6 and 7 below.

3)Our Services

The services we offer allow you to search through the Website and purchase products from a large number of Retailers, boutiques and brands from your local high street, boutiques and worldwide. As part of the Services, we also provide some ancillary services such as arranging delivery of the products and providing you with customer service assistance. The specific AVENUE entity procuring such services will depend on your location. However, as stated above, the contract for the purchase of the products is between you and the relevant retailer. This means that it is the Retailer (not us) who is legally responsible for selling the products to you. Please note that the delivery logistics service is being provided by us to you and as such you are entering into a contract for delivery services provided by us to deliver products from Retailers. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products. Your contract with us is concluded once the products have been delivered to you by the courier or have been collected by you from a Partner. In order to use the Services you must be over 18 years of age.

4)Our liability to you in relation to the Services If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services. We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability which cannot be limited by law.

5)The products

We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us, we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer's display of the images accurately reflects the true colour of the products.

We do not deliver flawed items or products of lower quality than the corresponding market standards for sale on the website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and we will liaise with the Retailer to process the return. Once the item is received through us by the relevant Retailer, you will receive a full refund of the defective item, or alternatively a discount, replacement or repair for the item where possible, decided by us on a case-by-case basis. We will refund you any applicable delivery charges and any reasonable costs you incur in returning the products (we will advise you whether the products will be collected from you or whether you need to arrange for them to be returned). Please see section 10 below for details of how to arrange a return.

As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights. The products sold by the Retailers are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List. Neither we nor the Retailers have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.

6)AVENUE Partners

IMPORTANT: If you are purchasing products from any of the Retailers, brands or boutiques on our site, then additional or different terms may apply to you in this section. As explained above, the contract for the purchase of the products is between you and the relevant Retailer. We are acting as agent and facilitator for your purchase to conclude the contract with you on its behalf but we are not a party to that contract, and you are not purchasing the products directly from us or through us acting as your agent. When you purchase products using the Website, we will receive payment from you and hold those funds on behalf of the relevant Retailer, before transferring the relevant amount to the Retailer once the products have been provided to you.

If you are using cryptocurrency to pay for your order, when placing your order, you will be redirected to our cryptocurrency payment partner, to complete your purchase. Your payment shall be in full discharge of your payment obligation in respect of your purchase from AVENUE . We seek that all retailers have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Retailers’ business policies. If you are unhappy with the product or service you have received from a Retailer, you should contact us and we will liaise with the relevant Retailer to try and resolve the issue.

7)Orders, prices, payment and taxes

MPORTANT: If you are purchasing products from any of the Retailers, brands or boutiques on our site, then additional or different terms may apply to you in this section The steps you need to take to place an order are explained in the "How to Order & Pay" section of our How to Shop page. By completing the check-out process and placing an order by clicking the "Place Order" button on the checkout page, you are offering to purchase the products from the relevant Retailer (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Retailer. All orders are subject to availability and confirmation of the order price, and we may need to cancel your order (or part of your order) if the product is either not available, or not available at the order price which is determined by the relevant Retailer. If an item you ordered is out of stock, AVENUE may, at its discretion, source and place an order for the same item with another Retailer on your behalf. Should AVENUE place such order on your behalf, we will notify you via email. After entering into the contract for the products with the Retailer, the Retailer will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon shipment of your order. Risk in the product will remain with the Retailer and/or AVENUE (as applicable) until it is delivered to you at the address specified when you placed your order.

To order products you must be over 18 years of age and possess a valid credit method of payment (please see section (c) below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are authorised to use your selected method of payment to place your order and that there are sufficient funds in the relevant account to cover the cost of your order.

The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).

(a) Formation of the contract between you and the Retailer(s).

When you place an order, you will receive an email confirming receipt and acceptance of your order. The contract between you and the Retailer will be formed when we send this confirmation email. All orders are subject to availability and confirmation of the order price, and we may need to cancel your order (or part of your order) if the product is either not available, or not available at the order price. If an item you ordered is out of stock AVENUE may, at its discretion, source and place an order for the same item with another Retailer on your behalf. Should AVENUE place such order on your behalf, we will notify you via email. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and the Retailer (please see below for further information on your rights to cancel the contract).

(b) Pricing, availability and taxes. Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Retailers, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.

If you are viewing the Website from the UK, the product prices advertised on the Website from Retailers located within the UK are inclusive of the VAT charged by the relevant Partner. Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT charged by us) will vary depending on the products that you have ordered and your delivery address. Please see the "Shipping Information" section of our Orders and Shipping page for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the "Total Cost" amount shown on the order summary page).

Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Retailer outside of your territory, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the products. If they are not included, neither we nor the Retailers have any control over these charges, and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “landed cost estimate” before placing your order. Additional information is also available in the "Duties and Taxes" section of our Orders and Shipping page.

Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.

(c) Payment. Please see the "Which payment methods do you accept?" section of our FAQs for details of our available payment methods. When you submit your order, we carry out a standard pre-authorisation check on your payment method, and products will not be dispatched until the details you have provided are verified. For information on when your payment will be debited from your account please see the "When will my card be charged?" section in our FAQs.

The specific group company arranging for your payment to be processed will depend on your location.

If you are using cryptocurrency to pay for your order, when placing your order, you will be redirected to our cryptocurrency payment partner, to complete your purchase. Your payment shall be in full discharge of your payment obligation in respect of your purchase from AVENUE. In the unlikely event that we encounter a problem when processing your order, we will contact you and may possibly request further information to try and resolve the issue. We reserve the right not to submit your order to the Retailer, and the Retailer reserve the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).

8)Delivery

The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 30 days after the date of dispatch. We (and not the Retailer) supply delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date if given,) but there may be circumstances where delivery is delayed because of events beyond our reasonable control (please see section 15 below for further information). If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay. Delivery times may vary depending on the availability of the products and your delivery address.

Delivery times, including for Same Day delivery, are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly so your order may arrive in multiple deliveries and at different times. If no one is available at your address to sign for your order, our delivery partner will leave you a note and you will need to contact them to rearrange delivery. In certain circumstances our delivery partner may provide you with optional services when delivering your order, such as:

(a) signature release: opting out of the requirement to provide a signature on delivery;

(b) leave with neighbour, reception or security: re-directing the delivery to a neighbour, reception or security;

(c) reschedule a new delivery date: selecting a delivery date that best suits you; and/or

(d) re-directing to a collection point: collecting your package from a collection point nearby.

By selecting any of these services, including through any default preferences you may have selected with our delivery partner separately, you acknowledge and agree that AVENUE RETAIL shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way. Please also read the information on our Orders & Shipping page as this contains important information about your order and its delivery. We also offer the option to collect your order from a participating Retailer or Doddle location. Please see our Click & Collect section for more details.

9)International Delivery

This website does not deliver to international customers

10)Returns and Cancellation

We charge a £5 cancellation fee and a £2.99 returns and handling fee

Please see our Returns & Refunds Policy for information on returns, and our Free Returns service. For further information on cancelling your order under the CCRs, please see below. Please note that in certain cases the Retailer may reject your return of a product and AVENUE (or any of its group companies) may, at its sole discretion, choose to purchase the product from you. You agree that legal title to such product will automatically pass to AVENUE (or its relevant group company) upon AVENUE (or its relevant group company) choosing to purchase such product from you.

Cancelling under the Consumer Contracts Regulations

We charge a £5 cancellation fee and a £2.99 returns and handling fee

Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("CCRs") or equivalent consumer legislation in the EU. This means that, during a certain cancellation period, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can notify us of your decision to cancel the order.

Once the products are returned to the relevant Retailer you will receive a full refund less our cancellation fee, including the original delivery costs; however, you will be liable to arrange and cover the full cost of returning the order to the Retailer. Please note, our Free Returns service (see Returns & Refund Policy) is not available for orders cancelled under the CCRs. How to cancel under the CCRs: Except in relation to certain types of products as set out in the Returns Policy, you may cancel a contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you received the products ("cooling-off period").

To cancel a contract, you must clearly inform us, preferably: • By online email chat or using our chat facility, giving us your name, address and order reference; or • By completing and returning the cancellation form set out at the end of this section and sending it to us by email to customer service.

If you cancel an order (or part of an order) during the cooling off period, you must return the product(s) within 14 days after the day on which you notify us of the cancellation, and ensure the item(s) comply with the conditions of our Returns Policy.

If you cancel a contract between us within the 14-day cooling-off period, we will process the refund due to you as soon as possible. In any case your refund will be completed within 14 days after the day on which the Retailer received your return, or if earlier, the day on which we receive evidence that you have returned the product(s) to us. You will have to bear the full cost of returning the product(s) to us.

We charge a £5 cancellation fee and a £2.99 returns and handling fee

Model withdrawal / cancellation form

(Complete and return this form only if you wish to withdraw from the contract)

To: Notice of Contract Cancellation, Customer Services, AVENUE, I/We hereby give notice that I/We cancel my/our contract of sale of the following goods/for the supply of the following service* *please delete as appropriate Ordered On: Received On: Name of consumer(s): Address of consumer(s): Signature of the consumer(s) (only in case of notification of this form on paper): Date: For returns using our Free Returns service, please see our Returns & Refunds Policy.

We charge a £5 cancellation fee and a £2.99 returns and handling fee

11)Our Website

This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.

(a) Access to the Website. The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them. Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.

We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partners) satisfy any legal requirement that same communications be in writing.

(b) Your conduct. You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only. You must not use the Website for any of the following:

In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is:

(i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or

(ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or

(iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or

(v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam". To cause harm, annoyance, inconvenience or needless anxiety to any person.

Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.

(c) Third Party Products and Services on the Website The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Partners (the “Third Party Products and Services”). Your use of these Third Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third Party Products and Services. We reserve the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third Party Products and Services’ terms and conditions. Use of Third Party Products and Services is entirely at your own risk. We make no guarantee that any or all features of the Websites, Services or Third Party Products and Services will work on any particular device.

(d) Linking. We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.

Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

(e) Our liability in relation to the Website. We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.

We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with:

(i) use of, or inability to use, the Website; or

(ii) use of or reliance on any content displayed on the Website. Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for:

1.death or personal injury caused by our negligence;

2.fraud or fraudulent misrepresentation;

3.any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out in section 4) and the Partners’ supply of the products to you.

12)Privacy Policy

We only use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.

13)Intellectual property, software and content

We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("Content"). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.

You must not systematically extract and/or re-utilise parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners. 14) Kidswear policy

The AVENUE Kidswear product safety policy sets out guidelines to highlight the types of products that Retailers might be restricted to sell via the AVENUE platform due to product safety restrictions. Our policy states that Retailers should seek regular independent advice and assurances from the brand/manufacturer/importer from whom the product is purchased to determine whether the goods are permitted to be sold into the country and where applicable, the state, in which the buyer is located. While we work closely with our Partners, it is our Partner’s responsibility to ensure that the goods they sell comply with all applicable product laws and regulations, such as Flammability Standards, Certificates of Compliance and Tracking Labels. Our Customer Service Advisors can liaise with the relevant Partner if you require additional information.

15)AVENUE invitation-only Sales

Selected brands only. Invited customers must be signed in to view the offer on the AVENUE site or app. As this is an exclusive event just for you, details must not be shared or advertised in any way, including, but not limited to, on any website, blog, social media account, messaging application, email, word of mouth, etc. Affiliate partners must not promote this event as per network terms and conditions. AVENUE reserves all its rights (including where it is known or suspected you have passed these details on), which may involve suspending your account and/or voiding your transactions for the duration of Sale. AVENUE reserves the right to withdraw this offer at any time without notice.

16)Final Sale

'Final Sale' items are not subject to AVENUE standard return policy and may not be returned. Any return or refund of 'Final Sale' items purchased from AVENUE are made at AVENUE absolute and sole discretion, subject to applicable laws.

17)Other important information

We reserve the right to close your AVENUE account or restrict future orders at any time in our sole discretion.

Severability - Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

Waiver - If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.

Entire agreement - These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us. Events outside of our control - We and the Retailers will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.

An event outside of our control means any act or event beyond the Retailers reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

If such an event takes place and it affects the performance of our or the Partners’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Partners’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.

Complaints - We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.

18)Governing Law and Jurisdiction

Anything related to your order, use of the Websites or these Terms and Conditions are governed by English law. The courts of England shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.

19)Terms applicable to purchases from Selected Partners. If you are purchasing an item from any of our Selected Partners: (a) Section 2 above shall not apply to you and shall be replaced by the following:

2)About us

“We are AVENUE UK and we operate the Website. We are a business vat registered in England and Wales. We provide the Services to you through the Website. Further details of the Services we provide are set out in section 3 below. When you purchase products from the Selected Partners using the Website, and the goods are in the EU at the point of sale, AVENUE Europe will invoice you directly for the product and associated delivery services. Where the goods are in the UK at the point of sale, AVENUE will invoice you directly for the product and associated delivery services. In such cases the provisions of Article 14(2)(c) and Article 28 (as applicable) of the EU VAT Directive 2006/112/EC will apply for EU VAT purposes and section 47 (as applicable) of the UK VAT Act 1994, will apply for UK VAT purposes. This does not change the underlying contract governing the supply of goods from the Selected Partner to you and all your statutory rights are unaffected. Further details about the products, the Selected Partners and the contract between you and the Selected Partners in relation to your purchase of the products are set out in sections 5, 6 and 7 below.”

(b) Section 6 above shall not apply to you and shall be replaced by the following:

6)AVENUE Partners

As explained above, the contract for the purchase of the products is between you and the relevant Retailer. When you purchase products using the Website, we will receive payment from you and hold those funds on behalf of the relevant Retailer, before transferring the relevant amount to the Retailer once the products have been provided to you. We request that all Partners using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Partners’ business policies. If you are unhappy with the product or service you have received from a Partner, you should contact us and we will liaise with the relevant Partner on your behalf to try and resolve the issue.

Further information about the Partners and the products they offer is available in our How to Shop page.

(c) Paragraph 1 of section 7(b) above shall not apply to you and shall be replaced by the following:

(b) Pricing and availability. Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Partners, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.

(d) Paragraph 2 of section 7(b) above shall not apply to you and shall be replaced by the following:

If you are viewing the Website from the UK, the product prices advertised on the Website from Partners located within the UK are inclusive of the VAT charged by us. Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT charged by us) will vary depending on the products that you have ordered and your delivery address. Please see the "Shipping Information" section of our Orders and Shipping page for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the "Total Cost" amount shown on the order summary page).

(e) Paragraph 1 of section 7(c) above shall not apply to you and shall be replaced by the following:

(c) Payment Please see the "Which payment methods do you accept?" section of our FAQs for details of our available payment methods. When you submit your order, we carry out a standard pre-authorisation check on your payment card and products will not be dispatched until the details you have provided are verified. For information on when your payment will be debited from your account please see the "When will my card be charged?" section in our FAQs.

All Retailers and boutiques in these countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy (other than Sunglass Hut), Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Poland, Portugal, Romania, Spain (other than boutiques in the Canary Islands), Sweden, United Kingdom

20)Ranking parameters

Items made available for sale by brands and partner boutiques on AVENUE are automatically ranked on listing pages based on several criteria, which are listed below. AVENUE uses these criteria to balance its commercial requirements and the services it provides its partners, with creating an online browsing experience that is optimised for consumers of luxury goods to promote a high standard of service for customers. As such, these metrics might be ranked sequentially or otherwise according to different customer, commercial and market scenarios and may attract varying weighting over time.

A customer’s user type, gender, preferences and shopping behaviour, as well as the browsing filters that customers choose themselves as they shop, may influence the results of items that are displayed in response to a customer query on site pages of AVENUEretail.co.uk or Apps.

Following from that, the AVENUE algorithm criteria focuses on the item:

(i) newness and trending behaviour;

(ii) stock and size availability;

(iii) revenue, transaction volume and profitability; (iv) price average across regional partners;

(v) upload date;

(vi) season, for sale pages;

(vii) page visits;

(viii) category; and

(ix) colour.

When identical items are made available for sale on AVENUE from two or more distinct partner sources, the following criteria are additionally taken into account to determine the item displayed:

(a) final customer price;

(b) partner preferential stock point (including warehousing), delivery distance and time to customer;

(c) partner score (which includes such elements as profitability and service levels); and (d) the upload date of an item.

AVENUE may prioritise items originating from members of the AVENUE (AVENUE Affiliates) over items sourced from third party partners, it may not choose to do this all the time. AVENUE might, on occasion, afford higher rankings to items originating from AVENUE Affiliates to maximise users’ interactions with its own Affiliates and to increase the awareness of items of its Affiliates’. Apps may feature exclusive items or brands that are not available for sale on AVENUEretail.co.uk site pages which may affect item ranking and display.

AVENUE brand and retailer partners can pay for specific featured placements across a select few site and App listings, resulting in listings of items appearing higher. Such items will be flagged as being featured on AVENUE RETAIL.co.uk listing pages.