Our terms and conditions for supply of goods and prize draws
PART 1 – terms and conditions for the supply of goods within the european union
1.1 What these terms cover. These are the terms and conditions on which we supply products to you if you are a customer based in one of the member states of the European Union.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, or if you have an issue with any of these terms, please contact us.
2.1 Who we are. We are Closet London Limited, a company registered in England and Wales with company registration number 07207558. Our registered office is at Battle House, 1 East Barnet Road, New Barnet, Hertfordshire, EN4 8RR. Our registered VAT number is 991-3453-01.
2.2 How to contact us. You can contact us by telephoning our customer service team on 0208 983 7534 or by writing to us at [email protected] or Closet London Head Office, Unit 1 Ground Floor, 36-40 Copperfield Road, London, E3 4RR.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you have provided to us.
2.4 Writing includes emails. When we use the words writing or written in these terms, this includes emails.
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. If we have already received payment from you and we are unable to accept your order we will inform you of this in writing and refund you as soon as possible.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Minimum age. You may only purchase products from our website if you are at least 18 years old.
3.5 Promotional voucher codes. Promotional voucher codes may, if valid, be used against a purchase subject to the terms and conditions detailed on the voucher. However only one voucher code or other promotional offer or discount can be used on any one order. We have the right to refuse or cancel any order which has mistakenly been discounted with more than one voucher code or other promotional offer. You will be issued with a full refund for any order cancelled under this clause.
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product sizes may vary slightly. The size charts provided on our website are provided as a guideline only. Although we have made every effort to provide accurate size descriptions, all product sizes vary slightly. The size of your product may vary slightly from the sizes given in the product description.
4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply, or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7 - Your rights to end the contract).
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will deliver the products. During the order process we will let you know when we will deliver the products to you. In any event we will deliver the products within 30 days of the day on which we accept your order.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 9.2 will apply.
6.6 When you become responsible for the products. The products will be your responsibility from the time we deliver the products to the address you gave us.
6.7 When you own the products. You own the products once we have received payment in full.
7.1 You can always end your contract with us . Your rights when you end the contract will depend on whether there is anything wrong with the products, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2; or
(c) If you have just changed your mind about the products, see clause 7.3. You may be able to get a refund if you are within the cooling-off period described in clause 7.3, but this may be subject to deductions and you will have to pay the costs of returning the products to us.
7.2 Ending the contract because of something we have done or are going to do . If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which you have paid for but which have not been delivered and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the products you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013) . For most products bought online you have a legal right to change your mind within 14 days of delivery (the cooling-off period) and to receive a refund or to exchange your product. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by calling our customer services team on 0208 983 7534 or by emailing us at [email protected]. Please provide the details contained in the cancellation form found in the Schedule to these terms (your name, home address, details of the order and, where available, your phone number and email address).
8.2 Returning products for refund or exchange. If you end the contract for any reason after products have been dispatched to you or after you have received them, you must return them to us. You must post the products back to us using the return label that was included with your products when we delivered them. If you require a new return label please visit [http://www.royalmail.com/track-my-return/create/732] or call our customer services team on 0208 983 7534 or email us at [email protected] Please note that we only provide return labels for products being returned to us from within the UK. If you are exercising your right to change your mind you must return the products within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because of a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) if you are exercising your right to change your mind and seek a refund or an exchange, as described in clause 7.3, but only if the products are being returned to us from an address in the UK.
In all other circumstances you must pay the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Refunds in Foreign Currencies. We will refund you in the same currency in which we received payment from you, and in the same amount (subject to any deductions as described in clause 8.6). We will not be responsible for any subsequent conversion fee you may incur for converting the refund payment into a different currency or for any fluctuations in the currency exchange rates between the date of original payment and the date of refund.
8.6 Deductions from refunds if you are exercising your right to change your mind . If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling it in a way which would not be permitted in a shop. See our [http://www.closetlondon.com/returns] for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery 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 lowest cost delivery option.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then the refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us.
9.1 We may end the contract if you break it . We may end the contract at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you.
9.2 You must compensate us if you break the contract . If we end the contract for the reason set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.1 How to tell us about problems. If you have any questions or complaints about the products, please contact us. You can telephone our customer service team at 0208 983 7534 or write to us at [email protected] or Closet London Head Office, Unit 1 Ground Floor, 36-40 Copperfield Road, London, E3 4RR.
10.2 Summary of your legal rights . We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
· Up to 30 days from delivery: if the products are faulty, then you can get an immediate refund.
· Up to six months from delivery: if the products can't be repaired or replaced, then you're entitled to a full refund, in most cases.
· Up to six years from delivery: if the products do not last a reasonable length of time you may be entitled to some money back.
10.3 Your obligation to return rejected products . If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage as described in clause 8.
11.1 Where to find the price of the products. The price of the products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the products advised to you is correct. However please see clause 11.2 for what happens if we discover an error in the price of the products you order.
11.2 What happens if we got the price wrong ? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the products’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the products’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
11.3 When you must pay and how you must pay . We accept payment by PayPal, as well as by the following card types: Maestro UK, American Express, MasterCard, Solo Card, Visa Debit and Visa Credit. You must pay for the products at the time of placing your order and, in any event, before we dispatch them. We are not responsible for and will not refund any fees or charges imposed by your bank, building society or credit card company for processing any transaction or refund in relation to your order.
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
12.3 We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
13.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract .
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may refuse to agree if we reasonably believe that such a transfer will affect our rights or our ability to enforce our rights under the contract.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings . These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the English or Welsh courts. If you live outside of England or Wales you can bring legal proceedings in respect of the products in either the courts of the country in which you live or in the English/Welsh courts.
14.7 Online dispute resolution. The European Online Dispute Resolution Platform (the ODR Platform) provides an alternative to legal proceedings whereby an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, instead of bringing legal proceedings as set out in clause 14.6, you may choose to submit your dispute to the ODR Platform for online resolution.
THE SCHEDULE – CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Closet London Ltd, Unit 1 Ground Floor, 36-40 Copperfield Road, London, E3 4RR
Email - [email protected]
Telephone - 0208 983 7534
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
PART 2 – general terms and conditions for prize draws within the uk
1. These general terms and conditions apply to all prize draw promotions organised or sponsored by Closet London Limited (Closet London). These terms accompany the special terms and conditions published for each promotion which describe the rules, conditions or entry, prizes and other arrangements for each prize draw.
2. Closet London Limited is a company registered in England and Wales with company registration number 07207558 and with its registered office at Battle House, 1 East Barnet Road, New Barnet, Hertfordshire, EN4 8RR (Closet London).
3. Our prize draws are open to all UK residents aged 18 years or over, except employees of Closet London, their families, agents or any third party directly associated with administration of the prize draw.
4. Closet London accepts no responsibility for entries not successfully completed due to a technical fault technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind .
7. Winners of our prize draws will be notified by email or telephone (using details provided at entry) as soon as reasonably practicable after the prize draw and winners must provide a postal address to claim their prize. If a winner does not respond to Closet London within 14 days of being notified that they have won a prize, then the winner's prize will be forfeited and Closet London will be entitled to select another winner in accordance with the process described above.
11. The winners’ names and counties of residence can be obtained by emailing us at [email protected] within 60 days after the date of the closing date of the relevant prize draw.
12. Winners may be required to participate in publicity related to our prize draws which may include the publication of their name and photograph in any media. If you are the winner of a prize draw, you agree that Closet London may use your name, image and town or county of residence to announce the winner of prize draw and for any other reasonable and related promotional purposes.
13. Participants are deemed to have accepted and agreed to be bound by these terms and conditions upon entry. Closet London reserves the right to refuse entry, or refuse to award the prize to anyone in breach of these terms and conditions.
15. Insofar as is permitted by law, Closet London, its agents or distributors will not in any circumstances be responsible or liable to compensate any winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of Closet London, its agents or distributors or that of their employees. Your legal rights are not affected.
16. Personal data supplied during the course of our promotions may be passed on to third party suppliers only insofar as required for fulfilment, delivery or arrangement of the prize.