TERMS AND CONDITIONS
Last updated: October, 2023
This agreement contains a mandatory dispute resolution provision and binding arbitration agreement with a class action waiver that affects your rights. The arbitration agreement requires that disputes be resolved in individual arbitration or small claims court proceedings. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. Please review carefully.
Your use of the site constitutes your agreement to follow and be bound by these Terms. By using the site, you affirm that you are of legal age to enter into these Terms, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. If you violate or do not agree to these Terms, then your access to and use of the Site is unauthorized.
We may update these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms through the site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes. By continuing to use or access the Site after we post any changes, you accept the updated Terms. The “Last Updated” legend above indicates when these Terms were last revised.
If you want to ask us anything about these Terms, any aspect of your order, or have any comments or complaints on or about our website, please contact us.
SHOPPING WITH US
Credit Card payment is taken when your order is packed at our warehouse. All payment is processed in USD. We accept most major cards including Visa, MasterCard, Maestro, Amex, JCB, Union Pay, Discover and Diners. We also accept payment via PayPal.
We are unable to accept payment via check or any method other than those listed herein. The description of the goods, services, price, currency and shipping costs are set out on the order page. Orders shall be accepted at our sole discretion but are normally accepted once credit card authorisation has been confirmed, the order reflects current pricing, stock levels have been checked or in the case of services we can offer the service you require. To protect our customers from fraudulent credit card use, all orders are subject to security screening and if any irregularities are found, the order may not be processed.
The actual price charged to non-US customers will be paid in US Dollars and is subject to the exchange rate applied by the customer's credit or debit card company, any other currencies are displayed for reference of the daily exchange rate.
Gift Cards and Radley Online Store Credit
Gift Cards and Online Store Credit are not currently available payment methods. If you have a card or outstanding credit balance please contact our Customer Care team on +1 (256) 607 8746 or by contacting us here.
The value on the Gift Card and the online store credit will expire if it is not used within 24 consecutive months from the date of purchase.
We recommend you register your Gift Card by creating an account a www.radleylondon.com. This will enable us to re-issue your card if it is lost or stolen (credit permitting).
PRODUCTS, PRICING AND PROMOTIONS
All products for sale on www.radleylondon.com are subject to availability; if for any reason your order cannot be fulfilled owing to lack of stock, you will be advised by email.
Every product is sold subject to the product description and supporting information such as size, colour, estimated shipping dates and guarantees. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on shipping.
We will take all reasonable care to ensure that all of the product details, descriptions, availability, offers, promotions, prices, and other aspects not enumerated are correct at the time when the information is uploaded onto the website. However, occasionally, our website may contain typographical errors, inaccuracies, or omissions that may relate to pricing, and other aspects of products. Please note that the shipping times are only estimates and cannot be guaranteed. Packaging may vary from that shown. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel or refuse orders where the product information is incorrect at any time without prior notice. This includes the right to cancel your order after it has been submitted if there are any inaccuracies on our website. If this occurs, then Radley will contact you so that you are aware of the situation. If you believe your order has been cancelled by mistake, please contact us here.
All prices exclude sales tax, which is added to your basket at checkout if applicable depending on shipping destination.
We ship to US and Canada from this website. Countries outside of the US are offered on a DDU basis (Shipping Duty Unpaid) and the recipient will be liable for any local sales taxes or import duties which may be charged upon receipt.
Occasionally goods may be subject to delays, due to customs or weather. You are responsible for providing any information and payment required by customs to ensure the goods are cleared. Please contact us here if you have any questions relating to shipping to a particular country.
We run promotions both at our stores and on www.radleylondon.com. Some of these promotions may be exclusively online promotions or may be exclusively in-store promotions or may only be available to customers in certain stores.
Where promotional percentage discounts are applied to orders, the discount will be applied to each item in the basket. In the event of a return, you will not be refunded the discounted proportion.
Promotional codes cannot be used in conjunction with any other promotion unless stated.
Where promotional value discounts are applied to orders, the discount will be applied to the basket. In the event of a return, refunds will be based on the total amount paid for your purchased item(s) less the discounted value and less any shipping charges. Where multiple items are purchased in the same transaction the value discount will be applied proportionately against the cost of each of the items. If only one/some of the items are returned the amount refunded will be the full price of the returned item(s) less the pro-rata discount amount and less any shipping charges.
Unless otherwise stated, discounts are only applicable to full price items (sale and clearance items are not included).
Promotional codes cannot be applied retrospectively to previous orders and are valid for one transaction per person.
Exclusions may apply and you should always refer to the original source of the promotion/offer for this information.
Online promotions may not be available for orders registered to a non-US address.
We offer a Gift Wrapping service which is charged at $10.00.
Gift Wrap consists of one branded gift box and tissue per order. Radley gift wrapping is only available in three sizes. The dimensions are: W40 x L30 x D15 cm, W20 x L30 x D10 cm and W40 x L50 x D20 cm.
Unfortunately, we are unable to gift-wrap luggage, knee length boots and dog tags. Watches and jewellery come in their own branded gift boxes as standard.
Please note the cost of gift wrapping cannot be used to meet the free standard shipping threshold and will not be refunded in the case of a return unless the item is faulty.
You are fully responsible for any material which you compose via our gift messaging service. You guarantee that any messages to be sent to a third party by us on your behalf will not contain any obscene, vulgar, rude, racist, threatening or defamatory language which may cause any distress to any person or be unlawful. Radley accepts no liability for any gift messages which do not comply with this condition. We reserve the right to remove the service at any time and to refuse to send or display messages entirely at our own discretion without prior notice or liability to you.
ORDERS AND RETURNS
Placing an Order
Making a purchase is easy. Just follow these simple steps:
- Shop our website by browsing through our product range;
- Click on the image to access the individual item's product page where you will be given information on sizing, colour options and availability;
- Add an item to your shopping basket by clicking the "Add to Basket" button on the product page.
- Review the items you have chosen in your basket, or at the checkout. To delete an item from your basket, click on the "Remove" button next to the item;
- You can continue shopping by selecting the "Continue Shopping" button;
- You can also view the items in your basket whilst you continue shopping, by clicking on the "Shopping Basket" icon at the top of the homepage;
- If entering a promotional code, please ensure you click ‘apply code’' in order to action the code;
- Complete your order by selecting "Checkout" and then follow the steps;
- When you are ready to complete your order, click the ‘Complete Your Order’ button and wait for the order conformation page to appear. You will also receive an order confirmation email with details of your order shortly after we have received it.
Please be advised that placing an item in your basket does not secure it for you and it can still be purchased by another customer. We therefore suggest that you complete your order as soon as possible.
Should you need further assistance with placing an order please contact our Customer Services Team on +1 (256) 607 8746 or by contacting us here.
Acknowledgment and Despatch/Acceptance of your Order
· Each part of an order that you submit to Radley constitutes an offer to make a purchase. If you have placed your order through the website, then, after we receive your order, you will receive an email from Radley confirming receipt of your order (usually in minutes). If you do not receive an email from us confirming receipt of an order that you placed, please contact the Customer Services Team at the contact information provided above before you attempt to resubmit for the same order. Please note that Radley’s confirmation of receipt of your order does not equate to Radley’s acceptance of your order.
· Radley is not deemed to have accepted any part of your order until the requested item(s) has/have been shipped and Radley has sent a shipment confirmation email. You may track the progress of your order on the Delivery and Tracking page .
· If Radley rejects your order due to an error in pricing and/or other information, then we will notify you at the email address that you have provided. Once the error has been corrected, Radley will ask you whether or not you would like to re-submit your order. If we have notified you that your order has been accepted by sending you a shipment confirmation email, then you will not be required to pay a price that is greater than the order total that is listed in the email. If Radley has distributed merchandise that is different from the description of the relevant merchandise (as displayed on the website at the time at which you placed your order), then you may request a return.
· Acceptance of all orders is subject to credit checks and Radley reserves the right to cancel any order which does not comply with these Terms.
Amending your order
You can correct errors on your order up to the point at which you click on 'Complete Your Order' on the Payment Page of our ordering process.
Unfortunately, we are unable to amend/change orders once they have been submitted. Therefore, if you are unhappy with your order details you will be required to return your original order (see the Returns Procedure below) and place a new order with the correct details. You may find there are changes to your shipping timescale and/or the price you pay for the item as you'll be charged the current selling price on the day you amend or cancel the order.
Should you need further assistance with an order you have already placed, please contact our Customer Services Team on +1 (256) 607 8746, who would be happy to assist you. If you email, there may be a 48-hour delay in responding to you during busy periods.
For our full terms and conditions please click here.
Resale of Products
Purchases made on our website are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. Radley reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
We are unable to exchange items purchased on our website; however, you may return your purchase pursuant to the terms herein and our Returns Procedure and purchase a new item.
We hope that you will love your order! However, if you change your mind within the timeframes below, you can return any item in accordance with our Returns Procedure.
Products being returned must be unused, in their original packaging including dog tag, dust bag (where applicable) and labels. All Footwear must be tried on a carpeted surface until you are certain you are keeping it. Footwear should be returned unmarked and in the original, undamaged box as this is considered part of the product. Footwear that is returned without a box, in a damaged box or with marked soles may not be accepted and may be sent back to the customer.
Please note that we are not able to accept any returns of earrings (for hygiene purposes) or personalised products, and all such sales are final. If you are unsure whether a product is custom or personalized, please contact our Customer Care team before placing the order.
Timeframes for Returns/Cancellations
US Orders – If you are not satisfied with your purchase made on this website, return it to us within 30 days after the date of delivery (or within extended returns period noted on the website, if applicable) for a refund of your purchase price, less any shipping costs to return your item unless the reason for the return is due to our fault, subject to the terms herein. Returns can be initiated using our returns portal at https://radleylondon.readyreturns.com/ this will allow you to print a USPS label. Please then drop off at your local Post Office.
Non-US Orders – Products must be returned within 30 days after the date of purchase (or within the extended returns period noted on the website, if applicable) for a refund of your purchase price subject to the terms herein. If returning the goods due to being faulty or incorrect, please contact us .
Here’s what you need to do:
- You can return any unwanted products during the first 30 days after delivery using one of the method set out above or on your packing slip – you can i) tick refund or replacement and select the reason for the return by selecting a reason code listed next to the item/items you want to return, and send the completed dispatch note back to us alongside the unwanted product. It is very important that when you return an item, we know the order number it relates to, your details and whether you want a refund or a replacement. Without these details we won't be able to take the action you want us to.
Put the product with the completed packing slip inside the outer packaging and seal securely. Return your item via your selected method below and send to our returns address: Radley Returns, 4638 E Shelby Drive, Memphis, TN 38118.
- Please note that refunds can take up to 10 working days to process from receipt by our Returns Department.
- To take advantage of our free returns, you will need to register your return and create your returns label by visiting our returns portal https://radleylondon.readyreturns.com/ and follow the below instructions:
- Once you have completed the returns request, you will need to print the label, (you will also receive this via email). You must attach this label to your parcel.
· We recommend that you use trackable shipping or another secure method of shipping from a reputable carrier, retaining the receipt until you have received credit for the returned items. We also recommend that you send your international parcel using a shipping service that insures you for the value of the goods. We cannot accept responsibility for international orders lost in transit.
If you return your product in line with the Timeframes and Returns Procedure above, we will:
· refund you the price you paid for the products, less any shipping and handling charges unless the return is due to our error. However, please note if you return any products that are not in the condition required for return outlined above, we may reject your attempted return. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
· For items returned due to our fault we will refund any shipping costs you have paid to receive your order. Although, as permitted by law, the maximum refund will be the costs of shipping by the least expensive shipping method we offer (provided that this is a common and generally acceptable method). For example, if we offer shipping of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper shipping option;
· process your refund to the original method of payment. Should the purchase have been made using more than one method, i.e. gift card and credit/debit card the refund will always be processed to the gift card in the first instance and the balance to the credit/debit card;
- we will contact you by email to let you know that your refund has been processed. Please note that refunds can take up to 10 working days to process from receipt by our Returns Department.
Any refund out of policy will be at the discretion of the online team and will normally be given on a gift card to the value of the current selling price. Radley reserves the right to limit returns or exchanges.
What happens if your product is faulty?
We go to extreme lengths to ensure your product is of the highest quality, but if you find a fault with your product when you receive it, please explain this to us in an email to firstname.lastname@example.org or call our Customer Service team on +1 (256) 607 8746 to discuss. We will deal with faulty products on a case-by-case basis.
Please note that if you have purchased Radley products from an alternative retailer and you find a fault with the product you should return the faulty product to the relevant retailer.
If your goods become faulty over time
Radley products are made to the highest standards, with rigorous quality control checks made throughout the manufacturing process. Please be aware that leather is a natural product and a level of marking on the hide is to be expected. We consider this an important aspect of each Radley product’s individuality.
Where products do not perform to expected quality standards we offer the following guarantees:
Handbags, Small Leather Goods and Umbrellas: 1 year from date of purchase*
Jewellery: 1 year from date of purchase*.
Luggage Items: 2 years from date of purchase*
Wheeled Luggage Items: 5 years from date of purchase*
Watches: 2 years from date of purchase.
Items not covered by the warranty are batteries, straps and bracelets. Damage caused from accidents or mishandling to any part of the watch, including strap, buckles, bracelets and watch glasses. Water penetration, except in watches marked as water resistant. Tarnishing of the watch case or bracelet caused by external agents.
*Please note that removable items such as dog tags, charms, luggage tags etc are not included in the product guarantee.
This guarantee covers faults caused by manufacturing or the material used. It does not cover normal wear and tear or misuse. If a problem develops with a product during regular use, please contact our Customer Services Team on +1 (256) 607 8746, 10am to 6pm, Monday to Friday, 10am - 4pm Saturday and Sunday and any UK Bank Holidays (all UK times), or contact us.
Proof of Purchase
Ordinarily if you have your receipt or shipping note we'll refund the original debit, credit or charge card, PayPal account, Gift Card or Store Credit used to purchase.
Charges and Options
- The shipping options for a product can be found on the product detail pages.
- Radley Gift Cards can be bought online or in store to be delivered via email.
- If premium shipping services are available for your order, we'll offer you these options at checkout. These options are available for shipping between Monday to Friday, excluding national holidays.
- On rare occasions, some items may be delivered outside the published timed windows.
- More information on availability and restricted postcodes. We're sorry that geographical location and carrier availability can restrict our Next Day and Named Day service. When the delivery address is input at check out, the available delivery options for that area will be shown.
- Please note that outside of the EU, any shipping charge on the original order is non-refundable unless the item/s is/are returned due to our fault.
US Shipping Services and Charges
Standard Shipping to Mainland USA
Up to 5 working days
Non Contiguous US - Alaska & Hawaii
5-7 working days
International Shipping Services and Charges
We are happy to announce that we offer an International shipping service to Canada. The shipping charges will be in USD and customers shipping to Canada will pay the CAD equivalent as calculated through an API service at the time you place your order based on the end-of-day currency exchange rate for the previous day.
Within 48 hours of placing your order, you will receive an email to confirm it has been dispatched from our warehouse at peak times this may be extended. This will include a tracking number so you can follow your order with our courier. International Shipping Times in working days (Monday-Friday).
Please note that we are currently not able to deliver to P.O. Boxes and Hotels.
Deliveries Outside of the US – Duty
All orders are shipped from the US. Deliveries outside the US are subject to customs, legal, regulatory and certain practical restrictions. To comply with local legislation, you or the recipient may be required to pay additional taxes, fees or levies, import duty or other fees associated with formal customs entry when the good arrive in your country, before your local customs authority will release the goods to you. These are your responsibility. Please ensure that you enter the correct international shipping address and postcode or zip code. If the address is entered incorrectly or if customs duties or formal customs entry procedures are required, the shipping may be delayed. We are unable to offer you any assistance if either issue arises.
The charges outlined above must be paid by the recipient of the parcel. Where a customer fails or refuses to pay these charges, what happens to the goods is out of our control. In the event that the goods are returned without any charge to Radley we will refund the whole purchase price to the customer. In the event that the goods are returned to Radley but a shipping charge is levied on us, we will refund to the customer the purchase price less the charge levied on us to return the goods. It is possible that the goods will not be returned to us, in which case no refund of the purchase price will be given to the customer. In any event, goods that are returned due to the customer refusing or failing to pay any of the charges outlined in this paragraph will not be entitled to a refund of the shipping charge. Customs policies vary widely from country to country, therefore you are advised to check the local requirements in your country when placing an order.
All orders will be dispatched subject to payment card authorization and stock availability.
We will use our reasonable endeavours to deliver the goods or services within the times indicated. However, where shipping times and dates are given, they are for general guidance only and we will not be held liable for late shipping of goods caused by circumstances beyond our reasonable control.
You are responsible for making arrangements to receive the goods and if the goods are held at the post office, a Radley Store or other shipping company's depot because no one was available when the goods were delivered then it is your responsibility to swiftly collect the goods. It is important that the addresses supplied by you to us are accurate.
We will not have any responsibility for any loss or damage which occurs to the goods after shipping. A signature and confirmation of receipt constitutes completion of shipping.
Your order from the official Radley online store will be delivered to you in a plain carton, smaller items may be shipped in a jiffy bag and larger items in an unbranded box.
Please note that pocket bags, non-leather bags, small leather goods, shoes and accessories are not provided with dust bags.
Occasionally, the shipping of your order may be delayed. This can be for various reasons out of our control such as import delays or higher than anticipated demand. We will, of course, make reasonable efforts to keep you informed. Orders which have a different billing and shipping address may also be subject to delays whilst we perform additional credit checks.
Radley will not be held responsible for delays and cancellations where the data supplied by you is incorrect or inadequate.
GENERAL TERMS AND CONDITIONS
Ownership of Rights
All rights, including copyright, in this website and its design and all of its materials, including, but not limited to software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of this website (“Content”) are owned by or licensed to Radley and are protected by U.S. copyright laws and other U.S. and international laws and treaties. All Content is provided by Radley under a limited license as a service to its current and prospective customers and may be used only for personal (that is, for the purchase of our merchandise) use. Any use of this website or its Content, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Radley. Radley may revoke this limited license at any time for any or no reason.
Non Commercial Use
This website is for your personal, non-commercial use only. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this website. You may not use this website, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site. We may terminate your access or use of this website at any time, for any reason or no reason and without prior notice to you.
Accuracy of Content
Radley has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices on the website prior to check out are displayed exclusive of sales tax. Packaging may vary from that shown. To the extent permitted by applicable law, Radley disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website.
Radley shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
Comments and other Communications
Security and Privacy
Radley makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Radley shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
Password / Account Security
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. It is important that you keep your personal details and password confidential and secure. If you have any reason to suspect that your password has become known by someone else, has been or is likely to be used without your authorisation, you should change your password or contact us immediately. Radley shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
Reviews and User Generated Content
We (or a third party service provider, such as Feefo) may permit you to voluntarily upload and/or post content (“User-Generated Content”), including comments, reviews, descriptions, photographs, videos, or other material. If you post or submit any User-Generated Content, you confirm you are at least 18 years old or have your parent/guardian’s permission; and by posting or submitting any User-Generated Content, you agree to the following terms:
a. Posting or submitting such User-Generated Content constitutes your consent and grant to Radley of an irrevocable, non-exclusive, perpetual, worldwide, royalty-free, unrestricted, and unlimited right and permission, but not the obligation, to utilize, reproduce, exploit, alter, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, publicly perform, and prepare derivative works of the User-Generated Content, your name, likeness, voice and biographical information, and any material based thereon or derived therefrom, in any form or media now or hereafter known for any and all purposes throughout the world whatsoever, including, without limitation, advertising, marketing or commercial purposes, without any payment to or further authorization by you.
b. You waive any right to inspect or approve any material in which Radley may eventually use your User-Generated Content and understand that Radley may crop, shape, or otherwise adjust any User-Generated Content.
c. You represent and warrant that the User-Generated Content will not violate the intellectual property or proprietary rights of any third party and are legally entitled to post the User-Generated Content and to grant all relevant licenses and permissions to use the User-Generated Content as contemplated herein.
d. You agree not to take any legal action against, and release and discharge Radley and its directors, officers, employees, agents and affiliates, or any other person or entity acting on its behalf, from all claims in connection with the use of the User-Generated Content, your name, likeness, voice or biographical information, as contemplated herein.
e. You understand and agree that such User-Generated Content may be accessed and viewed by others, including by the general public, and, whether or not such User-Generated Content is published, Radley does not guarantee any confidentiality with respect to any User-Generated Content. You are solely responsible for your own User-Generated Content and the consequences of their publication on this Website or elsewhere (assuming we choose to post them once submitted). We reserve the right to determine in our sole discretion whether User-Generated Content is appropriate; whether it complies with these Terms, our standards, and applicable law; and whether they may be posted or removed.
You may request removal of any of your User-Generated Content submitted directly to us on this website by sending a removal request email to email@example.com from the email address provided when you submitted your User-Generated Content; your email must include a link to the URL of the page on which your User-Generated Content is posted or a description of the page on which it is posted.
Notice of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
We do not permit copyright infringing activities on this website. We may remove any User-Generated Content of any kind if properly informed that the User-Generated Content infringes another’s copyright rights. We may terminate the ability to submit User-Generated Content if, under appropriate circumstances, a person submitting User-Generated Content to this website is determined to be a repeat infringer.
If you are a copyright owner or an agent for such owner and believe that any User-Generated Content or other material on this website by third parties infringes upon your copyrights, you may notify us by providing the following information in writing:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
b. Identification of the location where the original or an authorized copy of the copyrighted work exists;
c. Identification of the User-Generated Content or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Radley to locate the same;
d. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
e. A statement that you have a good faith belief that use of the User-Generated Content or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
Attn: Legal Department
Radley US LLC
850 New Burton Road, Suite 201
Dover, Delaware 19904
If you fail to comply with all of the requirements above, your notice may not be valid.
As a condition to the use of the website, you agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, any claims alleging facts that if true would constitute a breach by you of these Terms, or any other liabilities arising out of your use of this website.
For New Jersey users, you would not be required to defend, indemnify or hold harmless Radley and its respective officers, directors, employees, agents and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs or expenses arising out of Radley’s own negligence.
Notices and Electronic Communications
Except as explicitly stated otherwise, any notices you send to Radley shall be sent by mail to Radley US LLC, 850 New Burton Road, Suite 201, Dover, Delaware 19904, Attention: Legal Department. In the case of notices Radley sends to you, you consent to receive notices and other communications by Radley posting notices on the website, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Radley provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the website, please send an email to firstname.lastname@example.org. You may also contact us by writing to Customer Care, Radley US LLC, 850 New Burton Road, Suite 201, Dover, Delaware 19904, or by calling us at +1 (256) 607 8746. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Please read this section carefully — it may significantly affect your legal rights. It contains procedures for mandatory pre-dispute resolution, binding arbitration, and a jury trial and class action waiver.
- “Dispute” means any claim or controversy between you and Radley, including but not limited to any: (1) claims for relief or theories of liability, whether based in contract, tort, fraud, misrepresentation, statute or otherwise, or that relate to the existence of this Agreement; (2) claims that arose before this or any Agreement; (3) claims that may arise in the future, including claims that may arise after the cancelation or expiration of this Agreement; and (4) claims that are the subject of a putative class action in which no class has been certified. “Dispute” will be given the broadest possible meaning permitted by law. “Dispute” does not, however, include any issues arising from or relating to the arbitrability of any Disputes under this provision or the scope, validity, or enforceability of this arbitration provision.
- For purposes of this Dispute Resolution section, “Radley” means Radley US LLC, and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, vendors and independent contractors, and each of their officers, directors, employees and agents.
- Informal Dispute Resolution Process.
- Should you and Radley (each a “party,” and collectively, the “parties”) have a Dispute, the parties agree that they will make a good faith effort to resolve it informally. Compliance with this informal dispute resolution process is a condition precedent to commencing any formal Dispute resolution proceeding in arbitration, small claims court, or otherwise.
- The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal Dispute resolution process.
- In connection with any Dispute, you or Radley must first send written notice to the other party, providing: your name and contact information (address, telephone number, and email address) if you are sending the notice, or Radley’s contact information if Radley is sending the notice; sufficient information for you or Radley to identify any transaction at issue; and a detailed description of and explanation for (1) the Dispute; (2) the nature and basis of any claim; and (3) the nature, basis, and calculation of the relief sought. Your notice to Radley must be personally signed by you (and your attorney if you are represented). Radley's notice to you will be personally signed by an Radley representative (and Radley's attorney if we are represented). Your notice to Radley must be sent by email to email@example.com or by mail to Radley US LLC, 850 New Burton Road, Suite 201, Dover, Delaware 19904, Attention: Legal Department. Radley's notice to you will be sent to you based on the most recent contact information that you have provided to Radley. You and Radley agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone settlement conference if Radley requests one in connection with your notice (at which you agree to appear along with your attorney if you are represented) or if you request one in connection with Radley's notice (at which Radley agrees to send a representative along with our attorney if we are represented). The parties agree to participate in good faith in this conference, which will be held at a time convenient for both parties, and throughout this informal process.
- If the sufficiency of a notice or compliance with this informal Dispute resolution process is at issue, it may be decided by a court at either party's election, and any formal Dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
- This informal Dispute resolution process should lead to the resolution of the Dispute, but if for some reason it is not resolved within sixty (60) days after receipt of the information required above, which can be extended by agreement of the parties, you and Radley agree to the further Dispute resolution provisions below.
c. Mutual Arbitration Provision.
- Any Dispute between you and Radley that is not resolved as set forth above shall be resolved through binding individual arbitration or small claims court. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. If you and Radley are unable to resolve the Dispute through the mandatory informal Dispute resolution process, you and Radley unconditionally agree that, except as set forth below, all Disputes between you and Radley will be resolved entirely through binding individual arbitration, rather than in court, which include, without limitation, such Disputes arising out of or relating to any aspect of the relationship between you and Radley, your access or use of the Radley website or any products or services offered by or purchased from Radley through the Radley website or stores, and Radley’s advertising, marketing, and communications.
- The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may elect to have individual claims heard in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- This Dispute Resolution section evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Dispute Resolution section. You and Radley agree that we intend that this Dispute Resolution section satisfies the “writing” requirement of the FAA.
- This Mutual Arbitration provision shall survive termination of this Agreement. By agreeing to these Terms, each party gives up its right to bring and prosecute any disputes in a court of law or before a jury except as expressly provided herein. You also give up your right to participate in or bring class actions or representative actions.
d. Right to Enjoin Intellectual Property Misuse.
- As set forth above, notwithstanding anything in this arbitration provision to the contrary, either you or Radley may bring suit in court to enjoin infringement or otherwise enforce intellectual property rights.
e. Procedures for Arbitration.
- Arbitrations shall be heard and determined by a single arbitrator and be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (collectively the “AAA Rules”) as modified by the version of this arbitration provision that is in effect when notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its website (www.adr.org). If there is a conflict between this arbitration provision and the rest of this Agreement, this arbitration provision will govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision will govern. If the AAA is unavailable or unwilling to administer an arbitration in accordance with this arbitration provision, you and Radley will work together in good faith to agree on (or if necessary petition a court of appropriate jurisdiction to appoint) an arbitration organization that will do so. Unless you and Radley agree otherwise, any in-person arbitration hearing will take place in the county where you reside.
- To begin an arbitration proceeding, after satisfying the condition precedent identified above, you or Radley must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of the claims, and (b) the nature and basis of the relief sought, including a detailed calculation for it; (2) send the signed certification of completion of the process set forth in the Informal Dispute Resolution Process section; and (3) contact the AAA or the applicable court-appointed arbitration administrator and follow the appropriate procedures to commence the arbitration. If you or Radley are represented by an attorney in connection with your or Radley's arbitration demand, you and Radley agree that any arbitration demand must also be signed by your or our attorney. By signing the arbitration demand, the attorney certifies to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to impose any sanctions available under Federal Rule of Civil Procedure 11. Your demand for arbitration must be sent to: Radley US LLC, 850 New Burton Road, Suite 201, Dover, Delaware 19904, Attention: Legal Department. Radley’s demand for arbitration to you will be sent to you based on the most recent contact information that you have provided to Radley.
- Payment of all filing, administration and arbitrator fees will be governed by the applicable AAA rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law, or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). In addition, the provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after entry of an award.
- The arbitration may be conducted by telephone, video, based on written submissions, or in-person in the county where you live or at another mutually agreed location. If requested, you shall personally appear (with your counsel if you are represented) or Radley shall have a representative (with counsel if Radley is represented) personally appear at any in-person, video, or telephonic hearing. Notwithstanding anything to the contrary, Radley will pay all fees and costs that Radley is required by law to pay.
- The arbitration will be conducted by a single arbitrator who will apply and be bound by this Agreement, and will determine any Dispute according to applicable law and facts based upon the record and no other basis. The arbitrator shall issue a reasoned written award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party's individual claim. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.
f. Waiver of Jury Trials.
- Disputes in arbitrations and small claims court are resolved without a jury trial. Whether in arbitration or court, you and Radley waive the right to a jury trial to the maximum extent permitted by law.
- As set forth above, Radley and you each agree to bring any dispute on an individual basis only, and not on a class, consolidated, representative or collective or private attorney general basis. If for any reason a claim proceeds in court rather than in arbitration, Radley and you each waive any right to a jury trial or to participate in a class action against the other to the maximum extent permitted by law.
- A Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Dispute Resolution section, the arbitrator may not issue a “public injunction” and any such “public injunction,” if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. Notwithstanding any other provision of this Dispute Resolution section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
g. Additional Procedures for Mass Arbitration.
- If fifty (50) or more similar claims are asserted against Radley by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following staged process and application of the AAA Multiple Consumer Case Filing Fee Schedule and to address any issues related to compliance with the AAA filing requirements with a Procedural Arbitrator consistent with the AAA rules. Counsel for the claimants and counsel for Radley shall each select twenty-five (25) cases (per side) to proceed first in individual arbitration proceedings as part of an initial staged bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. Each side may elect to have its cases for any given set of proceedings selected by it, by the AAA, or randomly. The parties agree that after completion of the first set of fifty (50) individual arbitration proceedings, they shall participate in a mediation session with a former state or federal court judge in an effort to resolve the remaining claims or to discuss potential ways to streamline the procedures for adjudicating the remaining claims. If the parties are unable to resolve the remaining cases after the conclusion of the initial fifty (50) proceedings, each side shall select another twenty-five (25) cases (per side) to proceed to individual arbitration proceedings as part of a second staged bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged bellwether process. Each side may elect to have its cases for any given set of proceedings selected by it, by the AAA, or randomly. The parties agree that after completion of the second set of fifty (50) individual arbitration proceedings, they shall participate in a second required mediation session with a former state or federal court judge in an effort to resolve the remaining claims or to discuss potential ways to streamline the procedures for adjudicating the remaining claims. If the parties are unable to resolve the remaining cases after the conclusion of the second set of fifty (50) proceedings, this staged process shall continue, consistent with the parameters set forth above, except that the parties agree that one hundred (100) cases shall be selected by the AAA or randomly to proceed individually in each subsequent set of staged proceedings subject to review and modification by agreement of the parties at any time. The remaining cases shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. The parties agree to meet and confer throughout this process to discuss issues, including but not limited to, increasing the number of cases to proceed in each set of staged proceedings, selecting claims to proceed in sets of proceedings as a percentage rather than a fixed number, resolving claims, or to otherwise modify the procedures to resolve the remaining claims as informed by the prior arbitration proceedings. In between staged processes beyond the first two sets, claimants’ counsel may elect to require Radley to participate in another mediation session to discuss resolution of the remaining claims. A single arbitrator shall preside over each case. Each arbitrator shall aim to issue its award within 120 days after appointment. Only one case may be assigned to each arbitrator as part of each set within this staged process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this mass arbitration process from the time of the first cases are selected for a process until the time your case is selected for a process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands. Consistent with these additional procedures, the parties may elect to meet and confer, enter into a “cooling off” period, and/or mediate any or all of the remaining claims at any time or to discuss and agree to modifications to this process to ensure efficiency. Should Radley initiate a claim against you that is part of a mass arbitration, Radley agrees that such provisions shall apply.
h. Governing Law and Forum.
- This Agreement will be governed by and construed in accordance with, and any Dispute will be resolved in accordance with the FAA and the laws of the State of Delaware, without regard to its conflicts of law provisions. To the maximum extent permitted by law, to the extent any matter proceeds in court, except for small claims court, including any disputes over the enforceability of these Terms that are for a court to decide, you consent to the exclusive jurisdiction of the federal and state courts located in the State of Delaware.
i. Future Changes to Dispute Resolution Section.
- Notwithstanding any provision to the contrary, we agree that if Radley makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending us written notice within thirty (30) days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Radley in accordance with the language of this Dispute Resolution section.
- This Dispute Resolution section shall survive the cancellation or expiration of the Agreement.
Limitation of Liability
a. For purposes of this limitation of liability provision, “Radley” includes not only Radley US LLC but also its parents, subsidiaries, affiliates, predecessors, successors and assigns, and each of their respective officers, directors, employees and agents.
b. If you want to assert a dispute against Radley, or Radley wants to assert a dispute against you, then you or Radley must commence the dispute by delivery of written notice as set forth in the dispute resolution section within one (1) year after the dispute arises, or it will be waived and time barred to the maximum extent permitted by law.
Commencing means, as applicable: (a) by delivery of written notice as set forth above in the Dispute Resolution Section; (b) filing for arbitration as set forth in the Dispute Resolution Section; or (c) filing an action in state, federal or provincial court.
c. In no event shall Radley be liable to you or to any third party for any indirect, incidental, or consequential damages (including but not limited to lost profits or business opportunities), regardless of the legal theory, regardless of whether such damages were foreseeable, and regardless of whether Radley was advised of the possibility of such damages.
d. Notwithstanding the foregoing, these limitations of liability shall not apply to injuries: (1) to the body or person; (2) caused by Radley's willful, malicious, reckless, or grossly negligent acts or omissions; or (3) any liability that cannot be excluded or limited under applicable law.
e. These limitations of liability shall survive the termination of this Agreement. Because the law regarding limitations of liability varies from state to state, these limitations of liability may not apply to you. Notice to New Jersey consumers: these limitations of liability apply in New Jersey.
Events Outside of Our Control
An event outside our control means any event or cause beyond Radley’s reasonable control, including without limiting (i) epidemic, pandemic, famine, earthquakes, floods, war, terrorism, whether foreign or domestic, overwhelming event(s) caused by natural forces, extreme weather, or other natural disaster; (ii) acts of civil or military authority, insurrection, riots, strikes, fire, or explosion; (iii) picketing, strikes, or labor shortage; or (iv) interruption of or delay in transportation, shortage or failure of supply of raw materials or finished merchandise, power outages, telecommunication outages, or any other intervening system, software, or service not operated by Radley (collectively “Force Majeure Event”). If a Force Majeure Event occurs, we will not be liable to you or any third party for any loss, damage, delay, liability, expense, or cost related to or caused by such Force Majeure Event.
Except as provided in the Dispute Resolution Section, if any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the maximum extent possible, and the remaining parts will remain in full force and effect.
If you require help or assistance with any aspect of our website, including ordering online, or if you need further information about our products, please call our Customer Service team who will be happy to help you.
Customers in the USA can contact our dedicated US Customer Services Team on +1 (256) 607 8746 or by clicking here.