Offer Terms & Conditions
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE AGREEING.
This Agreement sets forth the legally binding terms and conditions governing your use of the Site and Services. By using the Service or otherwise entering into this Agreement, you are creating a binding contract with us. If you do not agree to these terms and conditions, you may not use the Service.
We may revise or update this Agreement by posting an amended version through the Service and making you aware of the revisions, which may be through posting to the Service or otherwise. Your use of the Service following an update to this Agreement (or other acceptance method) is considered acceptance of the updated Agreement.
This Agreement contains a mandatory arbitration provision and waiver of jury trial
Information about us
The Site is operated by Ted Baker Limited, a New York corporation with its office located at54 West 21stStreet, 11thFloor, New York, NY 10010, which provides the Services in the United States and Canada (for the avoidance of doubt, with respect to persons and entities located in Canada only, certain Services such as payment and returns will be provided by Ted Baker Canada Inc) ("we,” “us” or “Ted Baker”). Please note that www.tedbakerplc.com is a site operated by our parent company, No Ordinary Designer Label Limited registered in England and Wales under company number 02509755 with registered office at 6A St Pancras Way, London NW1 0TB. If you have any concerns about material which appears on our Site, please contact email@example.com.
As long asyou are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable,non-sublicensable, non-exclusive license to access the Site and receive and use the Service. Rights not explicitly listed are not granted to you.
Accounts and Eligibility for Access
You may register and create an account (“Account”) to place orders and use parts of our Service.
You must be at least eighteen (18) years old to have an Account. By creating an Account, you represent that you meet(s) this minimum age requirement.
Each Account must be paired with one or more payment methods (“Payment Method”), which may include without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, or bank account, other payment account, and your address. All information about your Payment Method(s) must be accurate and complete before you place orders under your Account. Verification of information may be required prior to the completion or acknowledgment of setting up any Payment Method.
You are solely responsible for securing access to your login credentials and password, and for any use of the Account, even if not authorized by you.
We use one or more third parties to process payments for orders and issue refunds for returns (“Payment Processor”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. You agree to provide us accurate and complete information about you and your chosen Payment Method. You authorize us to share such information as well as transaction information with the Payment Processor.
Some parts of the Service may not be available to the general public, and we may impose additional eligibility or account rules from time to time on those portions of the Service. We reserve the right to amend or eliminate these eligibility requirements at any time.
Data Collection and Use
Accuracy, completeness and timeliness of information on the Site:
While we make reasonable efforts to ensure that the Site and all Services remain available at all times, we do not represent or warrant that access to the Site will be error-free or uninterrupted, or without defect, and we do not guarantee that you will be able to access the Site or use the Service, or any features, at all times.
The Service, and any Content (defined below) posted therein, are for information purposes only.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.
The Service may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time.
Features and functionality provided by third parties; third party terms:
You acknowledge that we are not responsible or otherwise liable for third party content or the acts or omissions of Third Party Providers and that any claims or other causes of action available to you in connection with either of the foregoing will be brought against the applicable third party provider(s) and not us.
Accessing our site
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered Accounts with us.
Ted Baker, Ted Baker Endurance, Ted Baker London, Ted Baker Residence, Baker by Ted Baker and With Ted are US registered trademarks of our parent company, No Ordinary Designer Label Limited.
Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described in this contract. We reserve all rights not expressly granted in and to the Site and its content.
Copyrights and other Intellectual property rights:
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Ted Baker, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. We neither warrant nor represent that your use of materials on the Site will not infringe rights of third parties not affiliated with Ted Baker.
Third Party Links
The Service may contain links. Such links are provided for informational purposes only, and we do not endorse any website or services through the provision of such a link.
The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third parties. We do not endorse any third-party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by us.
Disclaimers and Limitation on Liability
EXCEPT WHERE NOT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE SITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND WE, AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SITE OR SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SITE OR SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE OR SERVICE.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then, to the maximum extent permissible by law, you agree that neither we nor any of our Related Parties or their respective employees, members, shareholders, officers or directors shall be liable for (1) any damages in excess of $500.00, or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data experienced by you or any third party from your use of the Site or Service or any goods sold or provided by us. This limitation shall apply regardless of the basis of your claim, whether other provisions of this Agreement have been breached, or whether or not the limited remedies provided herein fail of their essential purpose.
This limitation shall not apply to any damage that we cause you intentionally and knowingly in violation of this Agreement or which cannot lawfully be disclaimed under applicable law through this Agreement.
SOME STATES OR PROVINCES MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.
Ted Baker Social Media Image Rights when you respond #YesTed
This section relates to Ted Baker’s use of your Post when you respond #YesTed via a Social Media platform (which includes but is not limited to, Instagram, Facebook, Twitter and TikTok). When you respond with #YesTed you agree to the following:
- You grant Ted Baker a royalty free, perpetual, worldwide license to use your social media handle and your social media photograph(s) and in relation to which you have responded #YesTed (the “Post”) on tedbaker.com, in Ted Baker stores (both bricks and mortar and online) and/or on any of Ted Baker’s Social Media platforms and/or in printed publications.
- Ted Baker may use, reproduce, distribute, combine with other materials, alter and/or edit your Post in any manner in its sole discretion.
- You hereby represent and warrant that (i) you own all rights in and to your Post, (ii) you have permission from any person(s) appearing in your Post to grant the rights herein, (iii) you are 18 years or older, and (iv) Ted Baker’s use of your Social Media handle and/or Post will not violate the rights of any third party or any law.
- You hereby waive any moral rights in the Post to which you are now or may be at any future time entitled under Chapter IV of Part I of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction.
- You hereby release and discharge Ted Baker from all and any obligation to pay you for any use of your Post and any of the intellectual property rights contained therein in connection with the uses described above.
- You hereby release, discharge and agree to hold Ted Baker and any person acting on Ted Baker’s behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the Post as described above.
You agree to defend, indemnify and hold us and our suppliers, Related Parties, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content that you submit, post to, or transmit through the Service, (b) your use of the Site or Service, (c) your violation of this Agreement, (d) any conduct, activity or action which is unlawful or illegal under any state, province, federal, local or common law, or violates the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Site or Service, and (e) destruction of real or tangible property or personal injury, including but not limited to death, arising from or relating to your actions or inactions.
Governing Law and Jurisdiction; Arbitration
PERSONS AND ENTITIES IN THE UNITED STATES: You agree that any claim or dispute arising out of or relating in any way to the Site or Service will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. The laws of the State of New York shall govern this Agreement and shall be used in any arbitration proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: 54 West 21st Street, 11th Floor, New York, NY 10010. Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, shall be conducted in English, and shall be located in New York, New York. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and Ted Baker hereby waive any right to a jury trial.
Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Site or Service, or to Ted Baker or its Related Parties, may only be brought by you in a state or federal court located in New York, New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK, NEW YORK.
PERSONS AND ENTITIES IN CANADA:
The Canadian courts will have jurisdiction over any claim arising from or related to the Site or Service although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. The laws of the Province of Quebec and of the laws of Canada shall govern this Agreement.
Policies for Children
The Service is not directed to individuals under the age of 13. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information if required by the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website for (www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions. This Agreement is subject to change on a prospective basis at any time. In the event that we change this Agreement, you may be required to re-affirm the Agreement through use of the Service or otherwise. Your use of the Service after the effective date of any changes will constitute your acceptance of such changes.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.
Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement or your Account without our prior written consent, and any unauthorized assignment by you shall be null and void.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: 54 West 21st Street, 11th Floor, New York, NY 10010, or sent via email to Customer Services via firstname.lastname@example.org.
Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Force Majeure. In no event shall we or our Related Parties be liable to you for any damage, delay, or failure to perform resulting directly or indirectly from an event which is not in our reasonable control.
Entire Agreement: This Agreement and any policies or operating rules posted on the Site constitute the entire agreement and understanding between you and Ted Baker with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
If you have any concerns about material which appears on our Site, please contact email@example.com.
Acceptable Use and Prohibited Conduct
This acceptable use and prohibited conduct policy sets out additional terms between you and us under which you may access our website www.tedbaker.com (“Site”). This acceptable use policy applies to all users of, and visitors to, our Site. Your use of our Site means that you accept, and agree to abide by, all the policies in this acceptable use and prohibited conduct policy, which supplement our terms of website use.
We may from time to time provide interactive services on our Site, including, without limitation chat rooms or other live chat services (“Interactive Services”).
We are under no obligation to oversee; monitor or moderate any Interactive Service we provide on our Site. We expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the Site is moderated or not.
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Site. When a breach of this policy has occurred, we may take such action as we deem appropriate in our sole discretion.
- Immediate, temporary or permanent withdrawal of your right to use our Site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We are not liable for actions we may take in response to breaches of this acceptable use policy.
The responses described in this policy are not limited. We may take any other action we reasonably deem appropriate.
Materials you submit
You agree not to distribute, upload, make available or otherwise publish through the Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (collectively “Content”) that we determine:
- is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity, or any other intellectual property or legal right of any person or entity,
- is abusive, libellous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, abusive, harassing, threatening or bullying, or is otherwise objectionable;
- may constitute or encourage a criminal offense, violates the rights of any party, person or entity, or otherwise gives rise to liability or violation of any law;
- may contain software viruses, any other similar programs or software which may damage the operation of our or another’s computer or other electronic device; or
- consists of political campaigning, chain letters, mass mailings, commercial content, or any form of “spam.”
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any Content.
You agree that you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.
If you do submit Content, and unless we agree otherwise in writing in advance of the Submission, you grant to Ted Baker an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable and assignable right to reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any medium now known or hereafter invented or discovered. You further agree that Ted Baker is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to us. You grant Ted Baker the right to use any name you submit in connection with such material.
You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and will not cause injury to any person or entity; and that you will indemnify, defend and hold us harmless for all claims resulting from Content you submit, including our reasonable attorney fees and costs.
You further agree that you will not do any of the following:
- violate any applicable law or regulation in connection with your use of the Service;
- breach, through the Service, any agreements that you enter into with any third parties;
- stalk, harass, injure, or harm another individual through the Service;
- modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Site or Service;
- interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;
- transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
- attempt to probe, scan or test the vulnerability of a system or network of the Service or to breach security or authentication measures without proper authorization;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- harvest or collect the email address, contact information, or any other personal information of other users of the Service;
- use any means to crawl, scrape or collect content from the Service via automated or large group means;
- make available false, incomplete or misleading information to the Service, or otherwise provide such information to us;
- impersonate any other person or business;
- attempt to access or access any portion of the Service that is not public; or
- attempt to override or override any security measures in place on the Service.
We reserve the right, in our sole discretion, to protect our users from violators and violations of these rules of conduct, including but not limited to restricting your use of the Services, immediately terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses. Notwithstanding the foregoing, our unlimited right to terminate your access to the Service shall not be limited to violations of these terms or rules of conduct.
Copyright and Complaint Policy
If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
- Information reasonably sufficient to permit us to contact you;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
- 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 right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
Address: 595 5th Avenue, 5th Floor, New York, NY 10017
Complaint Policy (Including Trademark and Privacy)
If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to firstname.lastname@example.org containing the following information:
- Your name, physical address, e-mail address and phone number;
- A description of the material posted on the Service that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
- Identification of the location of the material on the Service;
- If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
- If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
- A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and
- Your physical or electronic signature.
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.
All notices given by you or required under this Agreement shall be in writing and addressed to:
Address: 595 5th Avenue, 5th Floor, New York, NY 10017
Ted Baker respects your privacy. This policy sets out important information about how we collect, use, disclose and otherwise process your personal data in accordance with all applicable data protection and privacy legislation in force from time to time. It applies to all our websites and social media platforms, so please read it carefully. The term “personal data” shall mean to include any information about an identifiable individual, and shall include the definitions of “personal data” and “personal information” used in applicable domestic and foreign data protection or privacy laws.
No Ordinary Designer Label Limited of The Ugly Brown Building, 6A St Pancras Way, London NW1 0TB (“Ted”) is a registered data controller under relevant UK data protection laws. Details of our notification to the data protection regulator may be found in the Information Commissioner's Office Public Register of Data Controllers at https://ico.org.uk/ESDWebPages/Search under registration number Z7058355.
Ted Baker Limited, a New York corporation and Ted Baker Canada Inc, a company incorporated in Nova Scotia, Canada (“Ted Canada”), are our subsidiaries which collect data on our behalf for customers in the US and Canada.
The Information Officer of Ted Baker South Africa (PTY) LTD (2017/084602/07) is registered with the Information Regulator in South Africa. Your personal information will be referred to herein as personal data.
If you are accessing the Site outside of the UK and the European Economic Area, please refer to the specific Addendum that supplements this Policy for your region.
What information do we collect and how do we use it?
We will ask you to provide certain personal data when you buy a product, sign up for a newsletter or competition, create an account, or use our website at www.tedbaker.com (the “Site”).
We use your personal data to:
- Fulfil orders and provide service information - we gather and collect from you information about your product selection, your name, delivery address, your payment information and any further information needed to fulfil your order (such as any special delivery instructions). The information on your order marked * is mandatory because without it we will be unable to fulfil your order.
- Process Returns and address complaints and queries - where you return a product or make a query or complaint, we will keep the information you give us to ensure that we comply with our contractual and regulatory requirements, to ensure appropriate further communication with you, and to improve our products and services.
- Remember you and view activity on our Site - if you have allowed access to cookies (please see our Cookies Policy in the last tab for more information) our Site will automatically remember you the next time you visit, to pre-populate fields to make ordering easier and to improve your experience by directing you to information on our Site that we think will be of interest to you. We also gather details of your visits to our Site, including details of pages viewed, accessed or visited, your use of any interactive features on the Site, and the length of your visit. We might also contact you to remind you about items in your shopping basket which you have not checked out.
- Communicate product offers, events and competitions - we will use contact details you have given us, along with any information you have given us about your gender or age, and information about your previous orders to send you information about our products, offers and events that we think will be of interest to you. See here for details on how to unsubscribe from marketing.
- Update our records - we will periodically check that the personal data we store for the purpose of communicating with you is accurate. If you would like to update the personal data that we hold about you, please update your account information and preferences on our Site.
- Legal purposes - we sometimes need to use personal data that we have gathered from you or third parties (such as law enforcement or credit reference agencies), or that you have provided to us, to comply with our legal obligations or for other legal reasons - for example to trace fraudulent transactions. We may also use your personal data where it is reasonable for us to do so and where there is no disadvantage to you.
- Report browsing information - we will collect information, if available, about your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
- System optimization and testing – we use data to curate, implement and test new systems or processes to provide a better user-experience and expand our digital offering.
- Sales monitoring – we use your personal data to monitor our sales which enables us to continue to provide you with the products that you like.
We collect your personal data:
We use your personal data:
- directly from you, for example when you place an order, give it to us in-store or sign up for our newsletter;
- by observing how you use our Site, for example from your transactions; or
- from other organizations such as credit reference and fraud prevention agencies. We use CCTV on our premises to ensure the safety and security of our staff and customers.
Who do we share personal data with?
To fulfill your orders and make the Site available, we may share your personal data with other members of our group of companies. Please see our latest annual report here for a list of companies in our group. We will never sell your personal data.
We may also share your personal data with the following categories of third parties
- Our service providers where necessary to make products and services available to you and to promote our products and services to you, such as our suppliers of IT and marketing services and courier companies for the delivery of the products which you have ordered from us, as well as prize providers when delivering a gift or prize to you.
- Other third-party payment providers, when you choose to use their payment services.
- Credit reference, fraud prevention, and law enforcement agencies where it is necessary for us to do so to enforce a legal obligation or otherwise where it is fair and reasonable for us to do so for example for fraud protection and credit risk reduction.
- Where necessary to protect the rights, property, or safety of our group of companies, our customers, or others we may share personal data with law enforcement agencies.
We take contractual steps to protect the confidentiality and security of your personal data when it is disclosed to external service providers and third parties with whom we do business and seek to ensure your personal data is dealt with in accordance with our instructions, all applicable privacy laws, and only for the purpose for which it is disclosed.
What do credit reference and fraud prevention agencies do with my information?
You have a legal right to obtain details of those credit reference and fraud prevention agencies from whom we obtain and to whom we pass information about you. You also have a right to further details explaining how the information held by fraud prevention agencies may be used.
If FCRA applies to your information, you have the right to request that information from us; to correct or delete inaccurate information; and to know which credit reporting agency provided us with your information.
For further information about the use of your personal data by credit reference and fraud prevention agencies, or pursuant to FCRA, please contact email@example.com
What are your rights?
Notification of collection: as detailed in “How do we collect your personal data”, you are advised of the different ways in which we collect your personal data.
Access to your personal data: you may request access to a copy of your personal data.
Rectification: you may ask us to rectify inaccurate information held about you. If you would like to update the data we hold about you, please contact us on using the details below and provide the updated information or log on to your profile at www.tedbaker.com and update your information.
Withdraw consent: you may withdraw your consent at any time. Please contact us using the details located below if you would like to withdraw your consent and we will delete your data in line with your right to erasure below.
Erasure: you may ask us to delete your personal data. If you would like us to delete the personal data we hold about you, please contact us using the details below, specifying why you would like us to delete your personal data.
Portability: you may ask us to provide you with the personal data that we hold about you in a structured, commonly used, machine readable format, or ask for us to send such personal data to another data controller.
Make a complaint: you may make a complaint about our data processing activities to a supervisory authority, which for the UK is the Information Commissioner's Office, by visiting their website at www.ico.org.uk
How long do we store your personal data for?
We only store your personal data for as long as is necessary for the purposes listed in the 'What Information do we collect and how do we use it?' section above. We may have to keep some of your information (such as payments information) for longer where this is reasonably necessary or required by law or regulation, for instance, to prevent fraud or resolve disputes.
Cookies and Analytics
We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our Site and to deliver a better and more personalized service. You can refuse to accept cookies by changing the settings on your browser. This may, however, mean you are unable to access certain parts of our Site. Please see our Cookies Policy in our last tab.
Ted is committed to protecting the security of your data. We will treat all of your information in strict confidence and we will endeavor to take all reasonable steps to keep your personal data secure once it has been transferred to our systems. We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal data and data stored on our Site and associated databases.
Ted recommends that you take measures to better protect the information you provide online. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. For security purposes, your password should not be written down and should be regularly reset. A strong password should not include easily obtainable personal data, should be at least 8 characters in length, and should be a combination of letters and numbers.
All online purchases made through our Site take place safely, using the latest internet security technology to protect our customers. When we transmit sensitive information such as your credit card number and address details over the Internet, we protect it through the use of 128-bit encryption certificates and the Secure Sockets Layer (“SSL”) protocol - the industry-standard method for protecting web communications.
Transfers outside Europe
The data that we collect from you may be transferred to, and stored at, a destination outside of the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We shall ensure that any such transfers are lawful and that your personal data is kept secure in accordance with the General Data Protection Regulation (“GDPR”). For more information on how we do this, please contact firstname.lastname@example.org.
Links to third party websites
Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
We want to personalize your experience with Ted so that you get the most relevant information about our products and services, at the right time. The most effective way of doing this is for Ted to create a profile of you for marketing purposes, so that we can only recommend you the products we think you are going to like.
We will build your profile based on information you give us and we may supplement this information with marketing insight from third party companies and information in the public domain. We also use services such as Facebook’s Custom Audience, Facebook CAPI and Google’s Customer Match.
You don’t have to give Ted any of the following information but without it we cannot tailor our marketing to suit you and we may not be able to fulfill your order if you buy online.
Children and Young People’s Information
Ted does not knowingly collect any information from any minors, and we comply with all applicable privacy laws including the GDPR, the CCPA, Children's Online Privacy Protection Act (“COPPA”), and associated Federal Trade Commission (“FTC”) rules for collecting personal information from minors. Please see the FTC's website (www.ftc.gov) for more information. If you have concerns about our Site, wish to find out if your child has accessed our services, or wish to remove your child's personal information from our servers, please contact Ted at email@example.com. Our Site will not knowingly accept personal information from anyone under 13 years old in violation of applicable laws, without consent of a parent or guardian. In the event that we discover that a child under the age of 13 has provided personal information to us, we will make efforts to delete the child’s information in accordance with the COPPA. If you believe that your child under 13 has gained access to our Site without your permission, please contact us at firstname.lastname@example.org.
When you sign up to receive our emails…
Ted will remember your name, age, gender, postal address, phone numbers and e-mail address. If you tell us exactly what you’re interested in when you sign up, Ted can make sure we only send you information about the products we know you want to hear about. To make sure Ted only sends you the things you’ll love, his emails will collect information like whether you’ve opened or clicked the email, your device type and general area in which you open it.
When you go on our Site…
Ted may analyze how you use our Site by recording your mouse clicks, mouse movements, page scrolling and any text keyed into website forms (not including bank details or any sensitive personal data). Ted uses this information to improve our Site usability and may use your activity on our Site to personalize marketing to you when you visit other websites.
When you make a purchase from us online…
Ted will remember your date of birth, gender and purchase history so we can make sure you’re the first to find out about products people like you are buying, and products that will complement the ones you have already bought from us.
If you don’t complete your purchase, Ted will keep track of what you put in your shopping bag for when you return to our Site, and may remind you of what is in your shopping bag via email or banners on other websites.
When you make a purchase from a Ted store…
If you make a purchase in-store, where applicable for your location, and choose to give Ted your information, Ted will collect your name, phone number, email address, product preferences and date of birth.
Depending on your preferences, Ted will contact you via either email, phone and/or text message to tell you about Ted products that we think will interest you.
When you link with us on social media…
Ted may use the information you have publicly shared on social media to make sure you only get product recommendations from us that are suited to you. If you give us information about your friends (which you should only do with their permission), Ted may recommend suitable products to them.
If you submit user generated content through our social media channels, we may use your username or email address to communicate with you, in addition to using your photo. The use of your photo would include, but not be limited to, Ted's social media channels, website and in-store digital displays. We may also use your IP address and geolocation to filter content by region, country or other local area. Such data is only used with your consent.
You can unsubscribe from Ted’s marketing communications at any time by clicking on the link found at the bottom of every marketing email, by updating your account preferences on our Site, or by emailing email@example.com.. Please note that it may take up to 7 days for any changes to take effect.
The following section (“U.S. Addendum”) applies solely to individuals who are residents of the United States of America (“consumer” or “you”). This U.S. Addendum supplements and amends the information contained in the Policy with respect to U.S. residents. The other provisions of the Policy continue to apply except as modified in this U.S. Addendum. Your data is being collected by Ted US.
Please review this U.S. Addendum and the entire Policy and make sure you understand and agree with its terms. In case of conflict between this U.S. Addendum and the Policy, this Addendum governs.
Do Not Track
“Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website indicating that you do not want the website operator to track certain browsing information about you. However, because our Site is not configured to detect Do Not Track signals from a user’s computer, we are unable to honor to Do Not Track requests.
Cookies set when you visit our Site may track you over time and across third party websites. For additional information, please see our Cookies Policy.
Modifying Your Personal Information
You may ask us to modify inaccurate information held about you by contacting us at firstname.lastname@example.org or by logging on to your profile at www.tedbaker.com and updating your account or other information.
Your Choices Regarding Your Personal Information
You can always limit the information you provide to us, but if you choose not to provide certain requested information, you may be unable to access some of the services, offers, and content on the Site.
You may unsubscribe from any of our newsletters or other communications for which you have registered by updating your account preferences on our Site, or by emailing email@example.com. You may opt out of receiving future marketing communications via email by clicking on the link found at the bottom of every marketing email.
If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California law permits you to request and obtain removal of content or information you have publicly posted. You may submit your request using the contact information at the end of this Policy. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
California Consumer Privacy Act (“CCPA”)
This CCPA section describes our policies and practices regarding the collection, use, and disclosure of personal information we collect about you.
Any terms defined within the CCPA have the same meaning when utilized within this CCPA section. The other provisions of the Policy continue to apply except as modified in this section.
This CCPA section generally does not apply to personal information we collect about you when you apply for a job with Ted, in connection with your employment at Ted, or in connection with you providing services to Ted.
A. Does the CCPA apply to you?
Because No Ordinary Designer Label Limited is categorized as a “business” according to the CCPA, with Ted Baker Limited being our service provider, if you are a resident of the State of California, then you are a considered a “consumer”. The CCPA acts to protect the personal information of consumers and to provide them with certain rights, which we describe below.
B. What Information Do We Collect and How Do We Use It?
1. During the past 12 months, we generally collected the following categories of personal information. If this list changes over time, we will inform you by posting an updated version of this CCPA section on the Site.
- Identifiers. Examples include real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, or other similar identifiers.
- Other elements. Examples include name, signature, characteristics or description, address, telephone number, bank account number, credit card number.
- Characteristics of protected classifications under California or federal law. Examples include age.
- Commercial information. This includes services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Internet or other electronic network activity. Examples include browsing history, search history, a consumer’s interaction with an internet website, application, or advertisement.
- Geolocation data. This might include location information collected while a user one of our apps.
- Audio, electronic, visual, thermal, olfactory, or similar information. Examples of this category include identifiable information obtained about you while speaking with our customer service representatives on the telephone.
- Professional or employment-related information. Examples include employer name and employment history.
- Education Information. This includes education information which is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act.
2. PI does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information
- Information excluded from the CCPA’s scope, such as certain health or medical information and other categories of information protected by different laws.
C. Use of Personal Information
We collect your personal information for the business or commercial purposes described above in the section titled “What Information Do We Collect and How Do We Use It?” These purposes may change over time. In the event they do, we will, when required by applicable law, inform you and obtain your consent.
D. Sources of Personal Information
We may collect your PI from the sources identified in the “How Do We Collect Your Personal Data” section above.
E. Sharing or Disclosing Personal Information
During the past 12 months, we have shared the categories of personal information identified above as follows:
Categories of Personal Information DisclosedCategories of Third Parties to Whom DisclosedIdentifiers.Other elements.Characteristics of protected classifications under California or federal law.Commercial information.Internet or other electronic network activity.Geolocation data.Audio, electronic, visual, thermal, olfactory, or similar information.Biometric Information.Professional or employment-related Information.Education Information.
- Our service providers where necessary to make products and services available to you and to promote our products and services to you, such as our suppliers of IT and marketing services.
- Other third-party payment providers, when you choose to use their payment services.
- Credit reference, fraud prevention, and law enforcement agencies where it is necessary for us to do so to enforce a legal obligation or otherwise where it is fair and reasonable for us to do so, for example, for fraud protection and credit risk reduction.
- Where necessary to protect the rights, property, or safety of our group of companies, our customers, or others we may share personal data with law enforcement agencies.
We do not have actual knowledge that we have sold personal information of minors under age 16.
F. Consumer Rights
The CCPA provides California consumers with the following rights, subject to certain exceptions:
1. Right to Request Deletion
You may ask us to delete your personal information, subject to certain exceptions. To submit a deletion request, please follow the instructions in the Submitting Consumer Rights Requests section below. For information about our process for verifying deletion requests, please see the Verifiable Requests section below.
2. Right to Know
You may request that we inform you regarding our collection, use, and disclosure of your personal information during the 12 months prior to our receipt of your request. To submit a deletion request, please follow the instructions in the Submitting Consumer Rights Requests section below. For information about our process for verifying right to know requests, please see the Verifiable Requests section below.
3. Right to Opt-Out
The CCPA grants you the right to request that a business that sells your personal information refrain from doing so. Please note that Ted does not sell personal information. If that changes in the future, we will revise this CCPA section accordingly.
We will not discriminate against you for exercising any of your CCPA rights. For example, except where permitted by the CCPA, we will not provide you a different level or quality of goods or services if you exercise your right to know or delete.
G. Submitting Consumer Rights Requests
To submit a California Consumer Rights request as outlined in this CCPA section, please contact us at +1 833 585 4200 or firstname.lastname@example.org.
H. Verifiable Requests
We reserve the right to only respond to verifiable consumer requests. A verifiable consumer request is one made by any individual who is:
a) the consumer who is the subject of the request,
b) a consumer on behalf of the consumer’s minor child, or
c) by a natural person or person who can demonstrate they are lawfully authorized to act on behalf of a consumer.
If we request, you must provide us with sufficient information to verify your identity and/or authority to act on behalf of a Consumer. In general, we may ask you to provide identifying information that we already maintain about you or we may use a third-party verification service. In any event, we will try to avoid asking you for sensitive personal information to verify your identity. We may not be able to respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us.
Additionally, you will need to describe your request with sufficient detail to allow us to review, understand, assess, and respond to it. We will not use the personal information we collect from you to verify your request for any other purpose, except as required by law.
I. Authorized Agents
If you use an authorized agent to submit a request to know or delete on your behalf, your agent must provide proof that you gave the agent signed permission to submit the request on your behalf, and you must also verify your own identity and directly confirm with us that you gave the agent permission to submit the request. A different process may apply if you have granted your agent power of attorney pursuant to Probate Code §§ 4121 to 4130.
Do Not Sell
The following section (“NV Addendum”) applies solely to individuals who are residents of the State of Nevada (“consumer” or “you”). This NV Addendum supplements and amends the information contained in the Policy with respect to Nevada residents. The other provisions of the Policy continue to apply except as modified in this NV Addendum. Any terms used in this NV Addendum, including “consumer,” “sale” and “covered information” shall have the meaning ascribed to them by the applicable data protection law.
We do not sell your covered information; however, if you are a Nevada consumer, state law requires that we notify you of your right to submit a verified request instructing us not to sell any of the covered information we have collected about you or will collect about you through our Site by emailing us at email@example.com.
How to contact us (all residents)
- Estimate our audience size and usage pattern;
- Store information about your preferences, and so allow us to customise our Site according to your individual interests;
- Speed up your searches;
- Recognise you when you return to our site.
Certain pages on our Site may contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party.
An IP address is a unique identifier that certain electronic devices use to identify and communicate with each other on the Internet. When you visit our Site, we may view the IP address of the device you use to connect to the Internet. We use this information to determine the general physical location of the device and understand from what geographic regions our website visitors come. We also may use this information to enhance our Site.
We may use third-party web analytics services on our Site, such as Adobe Analytics and Google Analytics. The third party providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyse how visitors use our Site. The data collected through these means (including IP address) are disclosed to these third party providers, who process the information to evaluate use of the Site. To learn more about Adobe Analytics features that we use by proceeding to Adobe’s opt-out page, https://www.adobe.com/privacy/opt-out.html and proceeding to “For End Users of business using Adobe Experience Cloud”. To learn more about Google Analytics and how to opt out, please visit www.google.com/analytics/learn/privacy.html.
For more information on deleting or controlling cookies we recommend www.aboutcookies.org