TERMS & CONDITIONS
This document (alongside with the documents referred to on this document) tells you the terms and conditions associated with the use of our website, www.enclothed.co.uk. We are Enclothed Limited, a limited company registered in England and Wales with company number 08251865, registered address 70-80 Ground Floor, City Road, London EC1Y 2BJ. Please read these terms and conditions carefully before using our website. By using out site and/or purchasing our products and service, you agree to be bound by these terms and conditions. Please understand that by failing to accept these terms and conditions, you will be unable to use our site and/or order any products from our site. We reserve the right to change the terms and conditions under which the website and the goods are provided.
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
3. ACCESSING OUR WEBSITE
4. INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Enclothed and are protected by copyright laws. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. If you go against the terms described above, your right to use our website will cease immediately and if requested by ourselves, you must return or destroy any copies of the materials you have made.
5. RELIANCE ON INFORMATION
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
6. UPLOADING MATERIAL
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
You must not misuse our Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
8. LINKING TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on our site, please formalize this request to [email protected]
9. LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them.
10. SERVICE AVAILABILITY
We do not accept orders from addresses outside the UK and Ireland. Please see our Delivery & Returns section for details of our delivery service.
11. OUR STATUS
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureau. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
12. TERMS OF SALE
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. In order to contract with Enclothed Limited you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. Where a contract is made with a third party, Enclothed is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.
When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
Our Contract; When you place an order for a new box, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we successfully shadowed a holding payment of £50 which will be either refunded or deducted from your final order total.
Pricing and Availability; Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.
Delivery and collection prices are free of charge unless a multiple of three failed collections occur, at which point you will pay the £6.00 charge per collection organised and confirmed. Please read our collection terms in the collections section of our website for more information.
Payment; Upon receiving your order for a box, we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. We will refund this charge once we receive your box back or deduct it from your final order total. Goods will not be dispatched until this pre-authorisation check has been completed. On occasions, you may also be asked for a deposit before sending the box. As part of the credit check, we may also test whether your payment card is valid for a future transaction with us. This is simply for security reasons – the actual charge will only reflect the items you decide to keep. The purpose of the credit check is to make sure that you are credit worthy and that your payment card is valid for the transaction. Products will not be dispatched until the credit check has been completed satisfactorily.
Your card will only be debited after the 5-day trying on period, during which you have the option to arrange a collection for goods you do not wish to keep. You will not be charged for these returned goods (prices are quoted with VAT included). You will be charged for the items you have kept on the day of your box return.
Discount Codes / Promotional discount codes – We may from time to time offer promotional discount codes which will apply in respect of any, or certain specified, purchases made through this website. The conditions of use relating to any discount code will be specified at the time of issue.
Customers are liable for the property of their Enclothed order from the point of delivery to the safe return back to the warehouse. This includes the request of delivery or collection to or from a safe place.
With each box, you will have 5 days from the day your Enclothed box is delivered to review the selection of items and return your box. When the box arrives back at our warehouse, you will be sent an invoice confirmation for the items that are not accounted for in your box. You will then be charged for any items you have kept on the same day the invoice is issued. The invoice is confirmation of the amount kept, not a receipt. If there are any discrepancies, please contact us immediately for a full audit check. There may be circumstances where we would charge you before the 5-day trying on period is over for example; when you return the box prior to the 5-day period or if you have requested us to do so.
If payment is declined, you will then be sent a payment declined confirmation with a link to pay the amount outstanding. If you do not pay the outstanding balance you will be sent a final demand email allowing you 5 days to clear your total balance; failure to do so will result in you being referred to a third-party collection agency. You will be liable for the entire outstanding contract balance and any additional collection agency costs and/or interest fees incurred.
13. CANCELLATION POLICY
Details of your right of cancellation, and an explanation of how to exercise it, are provided in the Confirmation email. You have 5 days from the day of delivery of a box to cancel the agreement for some or all products in the case, and we collect the unwanted products in accordance with our Return Policy. This does not affect your other statutory rights as a consumer which means that you have seven working days starting from the day after delivery to cancel the agreement. Please see our FAQs and Delivery & Returns sections for further details.
14. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
15. PRODUCT RESPONSIBILITIES AND OWNERSHIP
The products will be your responsibility from the time of delivery i.e. when the products are delivered and signed for. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products.
A refund would only be necessary if we charged you incorrectly after you received a faulty Product which you subsequently returned to us or we charged you within 7 working days starting from the day after delivery but you subsequently cancelled the agreement. In these cases we will refund you for the full amount within 30 days of the return of such faulty Product or the cancellation of the agreement respectively to the same card you paid with for such products.
17. RETURN POLICY
Please see our Delivery & Returns section for further information. For the avoidance of doubt, you agree to take good care of the products until they are returned to us. If you fail to do so and the products are not in a good condition or present signs of use (including but not limited to the removal of tags), we reserve the right to charge your payment card to cover any loss due to such use (up to a maximum value of the relevant item plus the shipping cost to return the used/damaged Product(s) to you). You also agree to notify us immediately upon delivery of the products of any products that are not in a good condition (including but not limited to instances of any products missing tags).
18. EVENTS OUTSIDE OUR CONTROL
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions including a contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, snow, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) the acts, decrees, legislation, regulations or restrictions of any government; and (g) pandemic or epidemic. Our performance under these terms and conditions including any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions and the Contract may be performed despite the Force Majeure Event.
19. ACCEPTABLE USE POLICY
19.1. PROHIBITED USES
20. INTERACTIVE SERVICES
We may from time to time provide interactive services on our site, including, without limitation chat rooms, bulletin boards, blogs, social networks (interactive services). We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and 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 service is moderated or not. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
21. CONTENT STANDARDS
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole. Contributions must: Be accurate (where they state facts). Be genuinely held (where they state opinions). Comply with applicable law in the UK and in any country from which they are posted. Contributions must not: Contain any material which is defamatory of any person. Contain any material which is obscene, offensive, hateful or inflammatory. Promote sexually explicit material. Promote violence. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Infringe any copyright, database right or trade mark of any other person. Be likely to deceive any person. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. Promote any illegal activity. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety. Be likely to harass, upset, embarrass, alarm or annoy any other person. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. Give the impression that they emanate from us, if this is not the case. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
22. SUSPENSION AND TERMINATION
23. YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact us by email at [email protected]