3. Orders and Specifications

3.1 Your order represents an offer to purchase the Goods which is accepted by us when we issue you with written acceptance of the order. Our acceptance of your order is conditional upon the Goods being intended for personal use and not for resale. By placing an order you warrant that you are at least 16 years old. All orders are subject to availability and on a first-come first-served basis as unfortunately we are unable to reserve Goods. We reserve the right to refuse to accept an order.

3.2 If we reasonably believe you are intending to resell the Goods we reserve the right to refuse your order. In the event we do accept your order we will be entitled to treat you as a commercial customer and:-

3.2.1 the rights afforded in clause 10 (Your Right to Cancel) will not apply;

3.2.2 the terms of our Returns Policy’ will be withdrawn;

3.2.3 we will only accept returned Goods within seven days of dispatch if they were defective at the time of receipt;

3.2.4 we will charge a reasonable handling fee, which shall exclude packaging and/or delivery costs for which you shall be liable and which will be confirmed prior to your order being accepted; and

3.2.5 make such other amendments to these Conditions as we deem necessary and only accept an order upon acceptance of the same.

3.3 You shall be responsible for ensuring the accuracy of the details of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions. We shall not be liable for all costs and expenses incurred by you due to inaccurate information submitted by you or, if the goods are ordered by mobile telephone, as a result of network failure.

3.4 If the Goods are to be manufactured or any process is to be applied to the Goods by us in accordance with a specification submitted by you, (1) the terms of Clause 10 (Your Right to Cancel) shall not apply; (2) you shall indemnify us against all loss, damages, costs and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim for infringement of any patent, copyright, design right, trade mark or other intellectual property rights of any other person which results from our use of your specification; (3) We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EU requirements.

4. Price Of The Goods

4.1 The price of the Goods shall be the price confirmed by us at the time the order is placed.

4.2 While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered (whether this by our error or an error by any third party), we will inform you as soon as possible and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you have already paid for the goods and the order is subsequently cancelled, you will receive a full refund.

4.3 In the event that we are unable to supply the Goods at the price or specification stated in the order, we will where possible notify you of any changes and where the Goods ordered are not available we may offer you substitute goods whereby you will be asked to re-confirm your order at the new price and/or specification. You are not obliged to accept any substitute Goods and will be entitled to receive a full refund if you confirm that the substitute Goods are not acceptable.

4.4 The price is inclusive of any applicable value added tax or other sales tax (at the rate from time to time in force). Any packaging or delivery costs for which you shall be liable will be confirmed prior to your order being placed.

5. Terms Of Payment

5.1 Please see our Payment Options for our terms of payment.

5.2 If you fail to make any payment on the due date then we reserve the right to: (a) cancel the Contract or suspend further deliveries to you; (b) charge you a reasonable amount of interest on the amount unpaid, at the rate of 3% above Barclays Bank Plc base rate from time to time from the date the amount was due until payment is made in full, accruing pro rata on a daily basis.

5.3 In the event that a card payment is dishonoured by your bank or credit card provider, they (being your bank, credit card provider or our debt collection company “Transax” or “Certegy Ltd”) may charge a fee. Where we incur any fee or liability as a result of a dishonoured payment, you will be liable to reimburse us in full for the amount we have incurred.

5.4 All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, Moss Bros Group LTD will validate the names, addresses and other information supplied during the order process against commercially available records (e.g Electoral Roll data, credit reference services). We reserve the right to instruct a third party to complete these checks. By ordering from our website you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your order or we may be unable to accept your order and we shall not be liable for any delay or non-delivery this may cause. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998.

6. Delivery

6.1 You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.

6.2 We aim to provide you with an approximate date on which the Goods will be ready for collection or delivery. Where we become aware that the date of delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We shall not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the estimated date. Time for delivery shall not be of the essence of the Contract unless previously agreed in writing by us. We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice.

6.3 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.

6.4 If you ask our delivery provider to leave the goods in a safe place or at checkout request special instructions then you are deemed to accept total liability for the goods if we comply with your instructions.

6.5 In the event we fail to deliver the Goods to the cardholder’s registered address or any such alternative address within 90 days’ or following 3 attempts by us (whichever is earlier) due to reason(s) reasonably considered to be your fault than we may in our discretion refund the sum paid to us by you and cancel the Contract.

6.6 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage or subsequent delivery charges which we may incur.

6.7 Please see our Delivery policy for postage charges.

6.8 You will not be liable for any customs requirements and duties arising for delivery of Goods to the USA. If you choose to have Goods delivered to another country you will be liable for any custom requirements and duties that are applicable to that country. We accept no responsibility for these requirements and duties. Any such charges must be borne by you and you are responsible for complying with all laws and regulations of the country in which you are importing the Goods. We shall not be liable for delayed delivery times due to packages being inspected by customs.

7. Risk and Property

7.1 Risk of damage to or loss of the Goods shall pass to you in the case of Goods to be delivered otherwise than at our premises, at the time of delivery or, if you fail to take delivery of the Goods, the time when you have collected the Goods.

7.2 Notwithstanding delivery and the passing of risk for the Goods to you, the transfer of the ownership of the Goods shall not pass to you until we have received in cleared funds payment in full of the price of the Goods.

7.3 Until such time as the as the property in the Goods passes to you and where you fail to pay for the Goods in accordance with these Conditions, we shall be entitled, at any time, to require you to deliver up the Goods to us and, if you fail to do so seek a court order to permit us to enter upon any premises where the Goods are stored and repossess the Goods.

8. Warranties and Liability

8.1 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law. Where the Goods are sold to a person dealing as a consumer

8.2 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, as amended) your legal rights are not affected by these Conditions. Further information on your legal rights can be obtained from Trading Standards or Citizens Advice Bureaux.

8.3 The warranty contained in Clause 8.1 does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.

8.4 In the unlikely event that the Goods do not conform to these Conditions, please notify us within 30 days of receipt of the items. We may ask you to return the Goods to us at our cost and once we have checked whether the Goods are faulty, we will either:

(a) Repair the Goods;

(b) Replace the Goods; or

(c) Provide you with a full or partial refund.

8.5 Subject to clause 8.6 and clause 8.7, if either of us fails to comply with these Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Conditions.

8.6 Subject to clause 8.7, neither of us shall be responsible for losses that result from our failure to comply with these Conditions which fall into the categories of loss of income or revenue, loss of profit, loss of business, loss of anticipated savings, loss of data, any waste of time. However, this clause 8.6 shall not prevent claims for foreseeable loss of, or damage to, your physical property.

8.7 Nothing in these Conditions excludes or limits in any way our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, defective products under the Consumer Protection Act 1987 or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

9. General

9.1 Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of that party’s obligations if the delay or failure is due to an act or cause beyond that party’s reasonable control.

9.2 These Conditions do not purport to confer a benefit on any third party.

9.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing or by email addressed to the other party and delivered to the address or email address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.

9.4 Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of any subsequent breach of the same or any other provision.

9.5 Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Conditions shall not be affected.

9.6 The Contract and these Conditions shall be governed by the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the English courts.

9.7 We reserve the right to monitor and record telephone calls our staff receive and make, in order to monitor staff performance and ensure the highest service possible is provided to our customers.

9.8 The copyright in all photographs, images and descriptions contained in our catalogue and on our website are owned by Moss Bros Group LTD, and may not be reproduced without the express consent of Moss Bros Group LTD.

9.9 All dealings between us in connection with these Conditions and each Contract shall be carried on in the English language.

9.10 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

10. Your Right To Cancel and the Return of Goods

10.1 If, for any reason you are unhappy with the Goods, you have the right to cancel your order at any time within 14 calendar days from the day on which the Goods were received.

10.2 If you wish to cancel before the Goods are dispatched, please contact us as soon as reasonably possible. If we are not able to cancel the order before it is despatched, you will need to return the Goods to us.

10.3 If you need to return or exchange any of the Goods, you have 14 days after receipt of your order to notify us. You can do so at https://returns.moss.co.uk or by taking the Goods to one of our stores.

10.4 Please make sure you are happy with the Goods before removing any labels as we can not accept returns if labels have been removed or where the items have clearly been worn. All items will be inspected on return and any in unsuitable condition will be returned to you.

10.5 If you choose to return any of the Goods for a refund using the pre-paid courier options, you will be charged a fee of £2.99 towards the cost of the courier. This fee will be deducted from any refund amount due. We will not charge a courier fee in the case of Goods being returned for an exchange to a different size. There are no fees to return unwanted items to Moss stores nationwide.

10.7 Please note that the right of cancellation does not apply where Goods are specifically made to your specification or personalised at your request.

11. Promotional Codes

11.1 We may make available to you promotional codes from time to time. Any use by you of a promotional code in respect of an order shall only be permitted where used by the person for whom it is intended and for a single use.

11.2 Promotional codes are not valid in conjunction with any other offer, unless explicity started in the conditions of that particular offer.

11.3 There is no cash alternative available in respect of the promotional code.

11.4 We may withdraw the promotional codes at any time without notice.

11.5 Promotional codes cannot be used against postage and packaging costs unless explicity stated.

11.6 Promotional codes will only be accepted if submitted at the point of order. We will not subsequently apply a promotional code if the order is submitted without the promotional codes application. Please check your order thoroughly before placing to avoid disappointment.

11.7 The promotional code will be applied proportionally to the Goods. Any returns or refunds on Goods purchased with the benefit of the promotional code will be on the proportional price as indicated in the sales invoice.

12. Competitions

12.1 We may in our sole discretion offer competitions to you at such times and in such manners as we deem appropriate.

12.2 All prizes offered are non-transferable and cannot be substituted for a cash alternative.

12.3 There will be one entry per person, per residential address only unless otherwise stated. We may in our discretion deem duplicate entries void.

12.4 There will be only one winner per competition, drawn at random after the closing date unless otherwise stated.

12.5 Our decision as to the winner of the competition is final and no correspondence shall be entered into.

12.6 Winners will be notified by email.

12.7 Prizes will be delivered to your nominated address at our expense. You shall inform us of all information necessary to ensure that the prize is delivered as soon as reasonably practicably.

12.8 Employees, families and friends of Moss Bros Group LTD are not allowed entry.

12.9 Please read the terms and conditions of any competition carefully before taking part in the same.

13. Multibuys

13.1 Multibuy promotions may be offered by us in our sole discretion. This offer entitles you to receive the number of goods stated at the price stated in the promotion, We reserve the right to amend or withdraw the promotion at any point without notice.

13.2 We reserve the right to withdraw or amend the promotion at any time.

13.3 No cash alternative will be given.

13.4 The free or discounted item cannot be refunded for money or credit.

13.5 Any returns or refunds on goods purchased as part of a multibuy will be on the proportional price as indicated in the sales invoice.

14. Custom Made Terms and Conditions

To visit the Custom Made terms and conditions page please click here

15. Student Discount

15.1 The discount via this form is available to students currently enrolled on a university course, 6th Form or College in the UK. If you receive the discount through Moss Bros., the discount will be valid for the duration of the university course for which the student has registered as part of the validation process.

15.2 Voucher code is unique and is once use only.

15.3 The Unique voucher code cannot be used in conjunction with any other voucher codes and excludes delivery charges, gift vouchers, Custom Made, Moss Bros. Hire and Moss Box subscription.

15.4 We reserve the right to terminate this discount without notice. Discount is non-transferable and is valid only for the student who was sent the unique code. Should a unique student code be used by anyone other than the intended user, the discount will be withdrawn without notice.

15.5 In order to receive the discount, you must register with Student Beans and complete the validation process. Once the validation process is complete, your unique student discount code will be shown. Redeem your discount by entering the code in the Voucher Code section at basket, discount cannot be applied after checkout has been completed.

15.6 We may offer further discounts to valid students from time to time so watch out for these.

16. Get £10 Off Your Next Order When You Subscribe To Our Email List

16.1 This offer is only available to new customers when they sign up through the pop-up box on their first visit to the website.

16.2 We reserve the right to remove the pop-up box at any time.

16.3 £10 off your order when you spend a minimum or £50.

16.4 Offer valid with your unique code, may only be used once and cannot be used in conjunction with other offers or voucher codes.

16.5 Your unique code will be sent to the email address you enter in the form.

16.6 Offer only valid on Moss Bros retail and excludes Hire, Custom Made and in store purchases.

16.7 One code per customer.

16.8 Code cannot be used in conjunction with any other offers or voucher codes.

17. Refer A Friend Programme

REFERRER REWARDS

17.1 The referrer is offered 15% off for each friend who orders for the first time.

17.2 This offer can be shared for 3 months from the date of acceptance by the referrer.

17.3 In order for the referral to qualify for the reward the referred friend must be a new customer to Moss Bros. and over the age of 16 and the referred friend must meet the conditions of their reward.

17.4 There is no requirement for the referrer to be an existing Moss Bros. customer.

17.5 In order to share this offer the referrer must be over the age of 16.

17.6 Rewards will be cumulative and so if multiple qualifying referrals are made to Moss Bros., multiple rewards will be delivered to the referrer, subject to a limit: A Referrer may not earn more than 5 within any 24 hour period or 25 within last 12 months or 1500 GBP of reward value within last 12 months.

17.7 Rewards will be delivered to the referrer on the day of the referred friend's purchase provided the referred friend's purchase is not cancelled

17.8 The Referrer will be notified by email once a referred friend has purchased and when the reward has been earned.

17.9 Rewards will be valid for 6 months from the date earned by the referrer.

17.10 The unique voucher code cannot be used in conjunction with any other voucher codes and excludes Custom Made, Moss Bros. Hire and Moss Box subscription or in store purchases.

17.11 Moss Bros. reserves the right to refuse the issue of any reward to any Referred Friend or Referrer at any time.

17.12 Moss Bros. reserves the right to vary any and all elements of this offer at any time without notice.

REFERRED FRIEND REWARDS

17.13 The Referred friend is offered 15% off when they place their first order.

17.14 The reward is valid for 14 days from the point of issue to the referred friend.

17.15 In order to qualify for the reward the referred friend must be a new customer to Moss Bros. and over the age of 16.

17.16 Any rewards will be revoked if a refund is requested on the order for which the reward was offered.

17.17 The Referred friend reward cannot be claimed by the same person making the referral.

17.18 The unique voucher code cannot be used in conjunction with any other voucher codes and excludes Custom Made, Moss Bros. Hire and Moss Box subscription or in store puchases.

18. Moss Gift Cards

18.1 By purchasing a Moss Gift Card you agree to these terms and conditions.

18.2 The minimum amount required to activate or top-up a Gift Card is £1. The maximum amount you can top-up is £1000.

18.3 Gift Cards can be used to purchase any item in any Moss store or online in the UK.

18.4 Gift Cards cannot be refunded, exchanged for cash or sold to third-parties in exchange for cash.

18.5 No change will be given when using the Gift Card although any remaining balance may be applied towards future purchases.

18.9 Valid Gift Cards can be topped up at any Moss store in the United Kingdom.

19. Email exclusive discounts

19.1 At times we will run exclusive promotions on our email channel which will run for a limited period only.

19.2 Unique discount code must be entered at the checkout online or provided instore to receive the promotion

19.3 Email promotions cannot be combined with other discount codes or offers in a single order.

19.4 Promotional codes apply to ready to wear product only. Discounts are not applicable on Hire, Custom Made or Moss Box.

20. Direct mail

20.1 At times we will run exclusive promotions via direct mail which will run for a limited period only.

20.2 Unique discount code must be entered at the checkout online or provided instore to receive the promotion

20.3 Direct mail promotions cannot be combined with other discount codes or offers in a single order.

20.4 Promotional codes apply to ready to wear product only. Discounts are not applicable on Hire, Custom Made, Moss Box or in Moss Outlet stores.

Moss Bros Group Ltd 128 Albert Street, London NW1 7NE