Paybylink Terms & Conditions
TERMS AND CONDITIONS – PURCHASES WITH PAYMENT VIA “PAY BY LINK”
A. INTRODUCTION
These Terms and Conditions, together with any policies or documents referenced herein (collectively, the “Terms”), establish the applicable terms and conditions for the purchase of products from BURBERRY BRASIL COMÉRCIO DE ARTIGOS DE VESTUÁRIO E ACESSÓRIOS LTDA., a limited liability company headquartered in the City of São Paulo, State of São Paulo, at Rua do Rocio, No. 350, 3rd Floor of the Atrium IX Condominium, Commercial Room No. 32, 28th Subdistrict, Vila Olímpia, ZIP Code 04552-000, enrolled with the CNPJ under No. 10.770.518/0001-68 (hereinafter referred to as “Burberry,” “we,” or “us”), for deliveries within the territory of Brazil, with payment processed via a secure payment link provided by Burberry (“Pay By Link”).
Should you have any questions regarding these Terms, or in the event of any complaints concerning products purchased from Burberry, you may contact the store through which you placed the relevant order.
These Terms shall not override or prejudice any rights granted to you under applicable law, including, without limitation, the provisions set forth in the Brazilian Consumer Protection Code.
B. GENERAL INFORMATION REGARDING ORDERS WITH PAYMENT VIA PAY BY LINK
Orders placed through the Pay By Link system shall follow the steps set forth below:
1. A sales consultant from Burberry shall contact you to confirm the products you wish to purchase, including, as applicable, the desired size, color, and quantity of each item;
2. Upon confirmation of the order details, you shall be informed of the applicable prices and the available delivery methods;
3. In order to process your order, Burberry shall send you an email containing a link to a secure page through which you may complete the payment (Pay By Link). Said email shall also contain a link to these Terms. You shall be entitled to review and amend your order details at any time prior to making the payment;
4. Upon confirmation of payment, you shall receive an email containing the details of your order and the estimated delivery timeframe; and
5. A sales consultant from Burberry shall remain in contact with you via email to ensure that your order is safely delivered to its intended destination.
The above-referenced procedure is subject to the remaining provisions set forth in these Terms.
C. SPECIFIC TERMS AND CONDITIONS APPLICABLE TO THE PURCHASE OF PRODUCTS
1. ORDER AND ACCEPTANCE
1.1 By placing an order, you undertake the obligation to purchase the products included in your order in accordance with these Terms (without prejudice to the right of withdrawal provided under Section C.6 below). However, all orders placed by you shall be subject to acceptance by Burberry. Burberry reserves the right, at its sole discretion, not to accept any order or to accept an order only in part (unless such right cannot be exercised under applicable law), without incurring any liability towards you. For illustrative purposes only (and without limitation), below are some situations in which your order may not be accepted:
A. If any product included in the order is not available for sale, or if the price or description of such product is incorrect on websites or other applications owned and/or operated by, or on behalf of, Burberry and/or its affiliates (the “Platforms”);
B. If your payment is not approved;
C. If your order contains characteristics that, at Burberry's sole discretion, indicate a commercial, professional, or business purpose, such as the inclusion of a large quantity of a specific product for delivery to a single individual or at a single address;
D. If there are restrictions regarding the delivery of the product to you;
E. If the delivery address provided by you is that of a freight forwarder or shipping service provider; or
F. If the delivery address provided is not a valid address.
1.2 Upon acceptance (full or partial) of your order and the successful approval of the corresponding payment, Burberry will send you an order confirmation email. This email will contain the details of your order and the information relating to the products included therein. Please note that this email constitutes confirmation of Burberry’s acceptance of your order (at which point a contract of sale shall be deemed concluded between you and Burberry, subject to the provisions of Section C.5.7 below), and obligates Burberry to deliver the products to you in accordance with the order.
1.3 Prior to confirming your order, you will have the opportunity to review the products included in such order, verify the price of each product and the total amount of your order, and correct any errors in the data you have entered.
1.4 You will be charged for the products, together with the applicable delivery fee and any other costs disclosed to you during the order process, upon correctly and successfully submitting your payment details via Pay By Link.
1.5 The availability of items, delivery options, and total order amount may vary depending on the delivery address and other characteristics of the order.
1.6 Due to variations either in the manufacturing processes we utilize or in the video properties of the electronic devices you use to view the products, there may be minor discrepancies between the colors, dimensions, fabrics, and designs of the products displayed on the Platforms or your electronic devices and the products actually delivered to you. We shall not be held liable for such discrepancies.
1.7 Burberry products may only be purchased by individuals not acting with a business, commercial, or professional purpose. The resale of our products, or the use of our products for any business, commercial, or professional purposes, is expressly prohibited. Accordingly, we will not accept orders where the delivery address provided belongs to a freight forwarder or shipping service provider. If we accept any order and subsequently become aware that such order should not have been accepted due to a violation of these Terms, we reserve the right to cancel said order upon providing you notice via email or telephone.
2. PRICES
2.1 Unless expressly stated otherwise on the Platforms, product prices include all taxes applicable to the sale of such products in Brazil to customers located within the country. Prices are displayed in Brazilian Reais (BRL). Prices do not include delivery fees or the cost of any additional services selected by the customer when placing the order (including, for example, engraving), which will be disclosed to you prior to the completion of payment.
2.2 We make every effort to ensure that all pricing information presented on the Platforms and in our stores is accurate. However, pricing errors may occasionally occur, and products may be listed at incorrect prices. If the correct price of a product is lower than the price displayed on the Platforms or in our stores, we will charge the lower price and deliver the product to you (without prejudice to our right to reject the order pursuant to Section 1.1 above). If the correct price of a product is higher than the price displayed on the Platforms or in our stores, we will contact you to either (a) confirm whether you wish to proceed with your order at the correct price, or (b) at Burberry’s sole discretion, cancel your order, in which case you will be notified of such cancellation.
In accordance with the principle of objective good faith applicable to all contracts, Burberry shall not be obligated to sell products at prices that are manifestly incorrect due to a gross material error. If Burberry has received payment for an order that includes a product with an incorrect price, we will make our best efforts to refund the payment received as soon as possible, provided the product has not yet been shipped to you.
2.3 Burberry reserves the right to modify the prices of products available on the Platforms and in its stores at any time and without prior notice. However, such price modifications shall not apply to orders that have already been accepted by Burberry.
3. PAYMENT METHOD
3.1 The total amount of your order will consist of the price of the products, the price of any additional services requested at the time the order is placed (including, for example, engravings), and the delivery fee.
3.2 To enable payment of your order, we will provide you with a link to a secure payment page (“Pay By Link”). This link will be valid for twenty-four (24) hours from the moment it is made available. You may request a new link if you do not complete the payment within one (1) hour or if there is any issue with the link. Please note that Burberry can only reserve the products included in an order for a maximum of seventy-two (72) hours from the time the order is placed. Therefore, payment must be completed within this timeframe. Otherwise, the products may no longer be available.
3.3 Further information regarding the payment methods accepted by Burberry can be found on the secure payment page (Pay By Link). We reserve the right to modify the accepted payment methods at any time.
3.4 By submitting credit/debit card or other payment information to Burberry, you confirm that the card or payment method used is your own and that all information provided to Burberry in this regard, including but not limited to card details, name, and address, is complete, accurate, and correct. All holders of credit/debit cards or other payment methods used for order payments are subject to validation checks and authorization by the card issuer or payment method provider. If such issuer or provider refuses to authorize the payment, we will not accept your order and shall not be liable for any delay or failure to deliver your order, nor will we be required to inform you of the reason for the refusal.
3.5 We shall not be liable for any fees or other charges that may be imposed by your credit/debit card issuer or payment method provider as a result of using such card or method for the payment of your order.
3.6 If your credit/debit card issuer or payment method provider processes purchases in a currency other than Brazilian Reais (BRL), the value of your order may be charged to you in the other currency used by such issuer or provider. In such case, the applicable amount will be calculated by your card issuer or payment method provider without any involvement from Burberry, including the determination of the applicable exchange rate. We shall not be liable for any costs, expenses, fees, or other amounts you may incur as a result of your card issuer or payment method provider processing your purchase in a currency other than BRL.
4. ISSUANCE OF INVOICE
4.1 Burberry may issue or make available to you, electronically, the invoices corresponding to orders accepted by Burberry.
5. DELIVERY, OWNERSHIP, AND RISK
5.1 We may only deliver to a valid address within Brazil at the time your order is placed. We shall not be held responsible for any inability to deliver or for delays in delivery if the delivery address provided by you is incorrect or incomplete. Changes to the delivery address are not permitted after the order is placed. Please note that we do not deliver to P.O. Boxes. Upon request, we will provide information regarding the locations where Burberry can make deliveries.
5.2 Once you have selected your preferred delivery method from those offered for your destination, and provided your order has been accepted by Burberry, we will process your order and make our best efforts to ship it according to the estimated delivery times specified in the confirmation email. Orders received by us after any “cut-off time” or “final order time,” or orders received on a non-business day (with “business day” defined as any day except Saturdays or Sundays, when banks are open for business in the city where the store processing your order is located) will be processed on the next business day. Estimated delivery times will be calculated from the date the order is placed and accepted, unless otherwise specified by Burberry.
5.3 If your order has been accepted by us and Burberry fails to ship your order within the estimated delivery times for the destination and selected delivery method, you shall have the right to cancel the order and receive a refund for the amounts paid to us in relation to that order.
5.4 Please note that not all delivery methods offered by Burberry may be available at all locations where our stores processing orders are situated.
5.5 Ownership of the products included in an order will transfer to you on the date that Burberry receives full payment for such products.
5.6 Once the products included in an order have been received by you, all risks of loss and/or damage related to such products will transfer to you.
5.7 We have the right to deliver the products included in an order in multiple shipments, in which case the purchase and sale contract between you and Burberry will also be divided, with each delivery corresponding to a specific contract.
6. CANCELLATIONS AND RETURNS
6.1 If you wish to cancel an order or return any product, you may only do so in accordance with these Terms, including the applicable provisions for returns and cancellations outlined in Section C below, which reflect your legal rights as a consumer (including, where applicable, the rights defined in the Consumer Protection Code).
6.2 When canceling an order that has already been paid for, or returning a product under the terms of Section C below, we will provide a refund for the total amount paid by you to Burberry in relation to the canceled order or returned product. This refund will be issued via a credit in your name sent to the card issuer or payment method provider used for the order payment.
7. AGE REQUIREMENTS
7.1 If you place an order for a product that has a minimum age requirement, by placing such an order, you confirm that you meet the required minimum age. However, if we reasonably believe that you are not legally authorized to place an order for a product due to not meeting the required minimum age, we reserve the right to refuse or cancel such order.
D. SPECIFIC TERMS AND CONDITIONS APPLICABLE TO CANCELLATIONS AND RETURNS
1. CONDITIONS AND DEADLINES
1.1 You may (a) cancel an order at any time before receiving the respective product, or (b) return any purchased product if you comply with the return conditions set forth in these Terms (including sections C.1.3, C.1.4, and C.1.5 below) and exercise your right to return the product within 7 (seven) days from the date of receipt of such product. For orders with partial deliveries, the return deadline will be counted for each product from the date of its respective receipt. In both cases, the purchase and sale contract between you and Burberry will be terminated on the date of order cancellation or your decision to return the product.
1.2 It is your responsibility to ensure that the products are returned to us in the same condition in which they were received. In this regard, we recommend that, if you decide to return any product, you use a return method that allows you to manage and track the return, and retain a proof of return.
1.3 Returned products must be in their original condition, unused, in their original packaging, with all attached tags, and any accessories, certificates, and instruction manuals, as applicable.
1.4 Returned products that are incomplete, damaged, used, soiled, altered, or that exhibit any other characteristic which, at Burberry's sole discretion, renders them unsuitable for return will not be accepted. If a product was purchased with a hygienic protector, it may only be returned if the protector has not been removed and remains intact.
1.5 Please note that you may not cancel an order containing a personalized product or a product with a monogram if Burberry has already taken the necessary steps to personalize or apply the monogram to such product, nor may you return such personalized or monogrammed product. Additionally, you may not return frames on which corrective lenses have been placed.
2. REFUND
2.1 Refunds will be issued in Brazilian Reais and via credit in your name sent to the credit/debit card operator or payment provider used for the purchase payment.
2.2 We will process the refund as quickly as possible. We estimate that refunds will be processed by the credit/debit card operator or payment provider used within 7 (seven) to 10 (ten) business days, (a) from the date Burberry is notified by you of the cancellation of your order (if you exercise this right before receiving the products), or (b) from the date the products are returned to Burberry. However, Burberry reserves the right to withhold or delay such a refund if you do not take (and, in such case, until you take) the necessary steps for the products to be returned to Burberry in accordance with the provisions of this Section C.
2.3 Please retain the proof of product return until you receive the refund.
2.4 If the credit/debit card operator or payment provider processes your purchases in a currency other than Brazilian Reais, the amount of your refund may differ from the amount you paid due to fluctuations (either increase or decrease) in exchange rates. In such cases, the amount will be calculated by your credit/debit card operator or payment provider without any involvement from Burberry, including the determination of the applicable exchange rate. We will not be liable for any cost, expense, fee, or other amount that you may incur as a result of your credit/debit card operator or payment provider processing your purchases using a currency other than Brazilian Reais.
3. PROCEDURE FOR CANCELLATIONS AND RETURNS
3.1 To cancel an order or return a product, please contact the store through which your order was placed, by any means, including email, and respect the return deadline and procedures outlined in these Terms. You must provide (a) your full name, identification number, and CPF number, (b) the order number, and (c) the product that will no longer be purchased/returned. Once we receive your contact and the above information, Burberry will send you a confirmation that your request has been accepted and will instruct you on how to return the product (if it has already been delivered to you).
E. FINAL PROVISIONS
1. INTELLECTUAL PROPERTY
1.1 All content (including, without limitation, logos, texts, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, as well as any combination of the foregoing) available on the Platforms ("Content") is owned by (or licensed to) Burberry and is protected by applicable copyright laws and treaties worldwide. All rights are reserved.
1.2 The registered trademark "Burberry," as well as all registered trademarks, whether figurative or not, and all other trademarks, trade names, service marks, brand names, business names, illustrations, images, and logos appearing on our products, on the Platforms, on accessories, or on packaging, whether registered or not, remain the exclusive property of Burberry and/or its licensors and are protected by applicable trademark laws and treaties worldwide. All rights are reserved.
1.3 All other intellectual property rights (including, without limitation, trademarks, logos, designs, copyrights, patents, know-how, and trade secrets, whether registered or unregistered) relating to (or in connection with) the Platforms, the products described and/or available on the Platforms, and any accessories, stationery, packaging, or supplementary items related to such products, your order, or the Platforms ("Intellectual Property Rights") are and will remain the exclusive property of Burberry and/or its licensors, and these Intellectual Property Rights are protected by applicable intellectual property laws and treaties worldwide. All rights are reserved.
2. LIMITED LICENSE
2.1 Subject to the conditions set forth in these Terms, we grant you a revocable, non-exclusive license for personal use of the Platforms, which license will be limited, so that it does not include the right to:
A. Use the Platforms in any way that may harm or damage the reputation of Burberry;
B. Use the Platforms for any commercial or business purposes. The Platforms are intended exclusively for your personal use; and
C. Use robots, spiders, crawlers, or similar data collection and extraction tools, or take any other action that may impose an excessive load or burden on our infrastructure.
2.2 At any time, Burberry, at its sole discretion, may cancel the limited license granted in this Section, without prejudice to any other remedy we may have against the customer under applicable law for any reason and/or in relation to any breach of these Terms.
3. CONTENT
3.1 Burberry will make efforts to ensure that the information provided on the Platforms is correct. However, Burberry does not guarantee that the Content or any other information available on the Platforms is correct and/or free from errors, nor does it guarantee that the functionality of the Platforms or the Content will be error-free or that the Platforms, the Content, or the servers making the Content available are free from viruses, malicious code, or other harmful components. Burberry recommends that all Internet users install updated virus-checking software.
3.2 The Platforms may contain links to other Platforms or resources, including platforms operated by third parties, which may include the Pay by Link payment system (such third-party platforms, the “Linked Platforms”). Burberry has no control over the content of the Linked Platforms, and you agree that, by accessing the Linked Platforms, Burberry will not be responsible for the availability of the Linked Platforms, nor will it be responsible, in any way, for the content of the Linked Platforms, including, but not limited to, any products or services available on them, any advertisements or content contained in the Linked Platforms, or the use that the Linked Platforms may make of your personal information. Additionally, Burberry will not be responsible for any offense, damage, or loss caused by or related to the use of, or based on, the Linked Platforms or their content.
1. DISCLAIMER OF WARRANTIES
1.1 This Section D.4 does not affect your legal rights as a consumer and, regarding the products, does not exclude or limit in any way our liability for violation of the legal conditions set forth under applicable consumer protection laws, concerning valid title, freedom from encumbrances, peaceful possession, correspondence with description, satisfactory quality, fitness for purpose, and conformity with sample.
1.2 EXCEPT AS PROVIDED IN THE PRECEDING PARAGRAPH, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BURBERRY DISCLAIMS AND EXCLUDES ALL OTHER TERMS, CONDITIONS, AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES, EXPRESS OR IMPLIED BY LAW OR OTHERWISE ARISING FROM PRIOR NEGOTIATION OR COMMERCIAL USE OR PRACTICE.
2. LIMITATION OF LIABILITY
2.1 Nothing in these Terms limits or excludes our liability (a) for death or personal injury caused by fraud or negligence, (b) for fraud or misrepresentation, or (c) for any other event where liability cannot be limited or excluded under applicable law. However, under no circumstances shall Burberry be liable for:
A. Any economic loss (including, without limitation, loss of revenue, data, actual or anticipated profits, contracts, business, opportunities, or expected savings);
B. Any loss of goodwill or reputation; or
C. Special, indirect, or consequential losses, damages, or expenses suffered or incurred by the customer as a result of (or in connection with) these Terms.
2.2 Subject to the provisions of Sections D.4.1 and 4.2 above, Burberry’s total liability under these Terms, arising from contract, tort (including negligence), breach of legal duty, or otherwise, is limited to direct damages actually suffered by you as a result of an act or omission attributable to Burberry, and shall in no event exceed 100% (one hundred percent) of the price of the product you ordered from Burberry.
3. DATA PROTECTION
3.1 By placing an order, you agree and understand that we may collect, use, store, and otherwise process personal data in accordance with our Privacy Statement. For further information on the type of personal data we process, how and for what purposes we use such data, and under what circumstances we disclose it, please refer to our Privacy Statement, which is incorporated into these Terms and forms an integral part thereof.
4. ASSIGNMENT, SUBCONTRACTING, ETC.
4.1 Burberry reserves the right to assign, transfer, or subcontract any of its rights or obligations under these Terms, provided that such assignment, transfer, or subcontracting does not adversely affect the rights of the customer. You may not assign or otherwise transfer any of your rights or obligations under these Terms without our prior written consent.
5. AMENDMENTS TO THESE TERMS
5.1 Burberry reserves the right to make amendments to these Terms at any time. You, and any purchase contract entered into between you and Burberry, will be subject to the version of these Terms that is in effect at the time an order is placed.
6. EVENTS BEYOND OUR REASONABLE CONTROL
6.1 Burberry will not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from any event of force majeure or other event beyond Burberry’s reasonable control.
7. INDEPENDENCE OF CONTRACTUAL PROVISIONS
7.1 Each provision of these Terms will be construed separately and independently of the others. If any provision is deemed invalid, null, or otherwise unenforceable, such provision will be disregarded individually and will not affect the enforceability of the other provisions of these Terms.
8. APPLICABLE LAW AND JURISDICTION
8.1 These Terms, any purchase contract entered into between you and Burberry, and all other transactions related to the Platforms will be governed by the laws of Brazil and must be interpreted in accordance with such laws.
8.2 In the event of any dispute or controversy related to the interpretation and/or application of these Terms and/or any purchase contract entered into between you and Burberry, the courts of São Paulo, where Burberry’s headquarters is located, are hereby designated as the exclusive forum to resolve such dispute or controversy, to the exclusion of any other.
9. ENTIRE AGREEMENT
9.1 These Terms and any document expressly referred to herein constitute the entire agreement between you and Burberry and supersede any prior agreements, understandings, or contracts between us in relation to the subject matter of these Terms.
9.2 Each of us acknowledges that by agreeing to these Terms (and the documents referred to herein), neither of us is relying on any statement, representation, or warranty made by any person (whether a party to any contract or not), except as expressly provided in these Terms.
10. WRITTEN COMMUNICATIONS
10.1 Applicable laws require that certain information or communications we send to you be in writing. By ordering our products, you agree that communication with Burberry will primarily be conducted electronically. We will contact you via the email address provided when placing an order. For contractual purposes, you agree to such means of communication and acknowledge that all contracts, notices, information, and other communications provided to you electronically will fulfill any legal requirement that communications be made in writing.
11. NOTICES
11.1 All notices and any claims, additional information, or assistance related to orders, as well as any request for information and/or clarifications regarding these Terms, must be sent to Burberry by email at the following address: customerservice@burberry.com. Any notice will be considered received and delivered after 24 (twenty-four) hours have passed from the time of sending. To prove the delivery of any notice, it will be sufficient to demonstrate that the email was sent to the email address specified by the recipient.
12. WAIVER
12.1 If, at any time, Burberry fails to demand strict compliance with any of the customer’s obligations set forth in these Terms, or if Burberry fails to exercise any of its rights under these Terms, such failure will not constitute a novation and will not result in the loss of Burberry's right to demand full compliance with the obligations or the exercise of the rights under these Terms at any time.
12.2 Any eventual acceptance by Burberry of any non-performance will not constitute acceptance of any future non-performance.
12.3 No waiver by Burberry of any of these Terms will be effective unless expressly declared as a waiver and communicated to you in writing in accordance with Section D.14 above.
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