Terms and Conditions
01 - Introduction
These terms and conditions shall govern the sale and purchase of products through our website. You will be asked to give your express agreement to these terms and conditions before you place an order on our website. This document does not affect any statutory rights you may have as a consumer (such as rights under the Sale of Goods Act 1979 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
02 - INTERPRETATION
In these terms and conditions:
(a) "we" means Eversbrook; and
(b) "you" means our customer or prospective customer, and "us", "our" and "your" should be construed accordingly.
03 - ORDER PROCESS
The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
To enter into a contract through our website to purchase products from us, the following steps must be taken:
- you must add the products you wish to purchase to your shopping bag, and then proceed to the checkout;
- if you are a new customer, you must then create an account with us and log in;
- if you are an existing customer, you must enter your login details;
- once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document;
- you will be transferred to our payment service provider's website (Paypal), and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order and the reason why not.
You will have the opportunity to identify and correct input errors prior to making your order by reviewing the summary of your order before final confirmation is requested of you to complete the purchase.
To cancel a contract, you just need to let us know that you have decided to cancel. To do this please e-mail us at firstname.lastname@example.org with details of your order to help us to identify it. We will e-mail you to confirm we have received your cancellation.
You cannot cancel the contract after the garments have been shipped to you. However, you may return the garments within 30 days per our Returns policy and receive a full refund.
04 - PRODUCTS
At this stage we are only providing a range of menswear for sale through our website. However, this will expand and evolve over time. We run a Quick Response made to order service which normally takes 7 - 10 days. If after we receive your order we cannot fulfil the order in line with our normal terms and conditions, we will inform you immediately.
05 - PRICES
Our prices are quoted on our website and all amounts stated are inclusive of VAT. We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force. It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you, if necessary, before the contract comes into force. In addition to the price of the garments, you may have to pay a delivery charge, but this will be made clear during the “checkout” process and before the contract of sale comes into force.
06 - PAYMENTS
You must, during the checkout process, pay the prices of the products you order.
Payments may be made by any of the permitted methods accepted on our website from time to time. If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer).
Our policies and procedures relating to the delivery of products are set out in our Delivery policy document that you can access here: DELIVERY POLICY
We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
Orders received by 12 noon are processed by 12 noon the following day. Orders received after 12 noon will be processed by 12 noon two days later.
We deliver products globally, but note that outside of the EU, there may be handling and custom fees and duties payable which will be the sole responsibility of the customer and may need to be paid at the time of delivery.
08 - RETURNS
We appreciate you may wish to return items that you have bought. If for any reason you are not happy with your garments, you can return them to us within 30 days of receipt and we will be happy to offer you an exchange or a full refund (including postage costs). Please email us at email@example.com with the order number you are returning and then simply send the garments to us in their original condition (with all tags in place) by recycling the box in which you received them to the return address provided on the delivery invoice. Let us know whether you would like an exchange (perhaps different size or style) or refund. Please be aware we will not be able to offer refunds where there has been damage caused to or use made of the garments.
Note: we will process the refund for the cost of garments and any original delivery charge within 24 hours of receipt of the returned garments but card refunds may still take up to two weeks to clear due to bank processing times that we cannot control.
09 - WARRANTIES AND REPRESENTATIONS
You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions.
We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) the products you buy will correspond to any description published on our website. However, please be aware that we cannot guarantee that your computer’s display of colour accurately reflects the colour of the garments and while we have made every effort to display as accurately as possible the colours of our products the hand block printing process by definition can mean there are minor colour shade differences between the colours shown on the website and the actual colour of the garments you receive; and
(d) the products you buy will be of satisfactory quality. All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11, all other warranties and representations are expressly excluded.
10 - BREACH OF PRODUCT WARRANTY
If you believe that garments you have purchased from us breach any of the warranties set out in Section 9, please contact us via our ‘Contact Us’ section of the website and if we deem it appropriate to do so we will make arrangements for the return of the garments in question.
If we agree that the garments are in breach any of the warranties set out in Section 9, then you will be entitled to a refund of all amounts paid in respect of those garments. Alternatively you may wish to simply exchange the garment for another that, if in stock, we will pay the cost of delivering to you.
11 - LIMITATIONS AND EXCLUSIONS OF LIABILITY
Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
However, we will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control, and our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
12 - EVENTS OUTSIDE OUR CONTROL
We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an Event Outside Our Control.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of garments to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13 - VARIATION
We may revise these terms and conditions from time to time by publishing a new version on our website. A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision, unless required to do so by law.
14 - NO WAIVERS
No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
15 - SEVERABILITY
If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16 - THIRD PARTY RIGHTS
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
17 - ENTIRE AGREEMENT
Subject to Section 11, these terms and conditions, together with our delivery and returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
18 - LAW AND JURISDICTION
A contract under these terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
19 - STATUTORY AND REGULATORY DISCLOSURES
We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference. These terms and conditions are available in the English language only.
20 - OUR DETAILS
This website is owned and operated by Eversbrook (Jay Bull).
Our principal place of business is 17 Lydford Road, Westcliff-on-Sea. Essex. SS0 7QX.
You can contact us by writing to the business address given above, by using our website contact form, by email to firstname.lastname@example.org or by telephone on 0207 096 0105.