These are the terms and conditions (the “Terms”) on which we supply products to you from the Ditch The Label E-Shop at http://store.DitchtheLabel.org (the “Website”). 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 to return products to us, what to do if there is a problem and other important information.
1.1 The products sold on the Website will be provided to you by Ditch The Label Ltd (“DTL”, “we”, “our”, “us”). We are registered as a company limited by guarantee in England and Wales under company number 08387544 and have our registered office at Ovest House, 3rd Floor, 58 West Street, Brighton, England, BN1 2RA. Our charity number is 1156329. Our registered VAT number is 192929269.
1.2 You can contact us by telephoning our customer service team on 01273 201129 who are available to speak with you Monday to Friday (excluding Bank Holidays) from 09:00 London time, or by writing to us at hello@DitchtheLabel.org or Ovest House, 3rd Floor, 58 West Street, Brighton, England, BN1 2RA. When we use the words "writing" or "written" in these Terms, this includes emails.
1.3 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 provided to us in your order.
2.1 The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colours of products 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.
2.2 You may shop with us as a registered user or as a guest. Registering avoids the need to re-type your address or delivery details at each shopping occasion with us and gives you the opportunity to register for strictly controlled communications from us. If you choose to register your details with us, you are responsible for maintaining the confidentiality of your user account password and username and you are responsible for all activities that are carried out under them. You must notify us immediately if you become aware of any unauthorised use of your account or other breach of security. There is no obligation to register with us in order to shop with us.
2.3 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. 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.
2.4 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, or because we have identified an error in the price or description of the product.
2.5 The Website is solely for the promotion and sale of products worldwide. Unfortunately, we do not currently accept orders from, or deliver to, addresses outside of the countries listed above.
3.1 The price of the product (which includes VAT, where applicable) will be the price indicated on the order pages of the Website when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. The price will always be stated in GBP (£). Delivery charges are not included in the product price.
3.2 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 product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's 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.
3.3 We accept payment with PayPal, credit card (VISA, MasterCard, Maestro, American Express and Diners Club) and debit card. You must pay for the products before we dispatch them.
3.4 When ordering products from us for delivery to any address outside the European Union, you may have to pay import duties and taxes, which are levied once the package reaches the specified destination. You are responsible for all customs import duties, taxes and additional charges which may apply to your order. If you require further information please contact your local customs office.
3.5 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 cancel your order (see clause 5 below).
4.1 The costs of delivery will be as displayed to you on the order page. Additional charges apply for delivery outside the UK.
4.2 We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
4.3 Please allow up to 5 working days (working days are classed as Monday to Friday only, excluding UK Bank Holidays and Public Holidays) for UK mainland deliveries. Please allow an additional 14 days for all international deliveries. These delivery times are estimates only.
4.4 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. Provided 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 cancel the order and receive a refund for any products you have paid for but not received.
4.5 The product/s will be your responsibility from the time we deliver the product/s to the address you gave us.
4.6 We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our Website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we will inform you and either not take payment or, where we have already done so, offer you a full refund to your original method of payment. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5. Cancelling your Order and Returning Products
5.1 You have the legal right to cancel your order, without giving any reason, at any time prior to us dispatching your order, and within 14 days of receiving your order. To exercise your right to cancel, you must clearly communicate to us your decision to cancel (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation form (available below), but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to tell us you want to cancel your order within 14 days of receiving your order.
5.2 If you have received your order, you should send back the products you wish to return to our customer services team no later than 14 days from the day on which we were informed of your decision to cancel. It will help us to process your return if you use the customer services label on the front of the delivery note and include in your package the delivery note with the returns information completed. You will have to cover the cost of returning the product. We will refund you the price paid for the product plus the costs of the original delivery (except where you only return some products in an order, in which case the original delivery costs will not be refunded) on receipt of the returned product, or within 14 days of receiving from you proof of returning the product, using the same means of payment as you used for the initial transaction.
5.3 You may also return products beyond 14 days of receiving the product, up to 30 days, subject to the following conditions. For such returns, we will not refund the original delivery costs, and you will be responsible for the return delivery costs. You must pack up the product/s securely and using the customer services label on the front of the delivery note, send back to our customer services team, including the delivery note with the returns information completed.
5.4 In order to ensure the safe return of product/s we recommend that you obtain proof of postage from the post office and retain this proof of postage until you have received your refund.
5.5 All refunds will be made via the original payment method.
5.6 We regret that we cannot accept returns of certain products, such as products stated on the Website to be non-returnable.
5.7 We cannot accept return of underwear or swimwear if the hygiene seal has been removed, or pierced jewellery or cosmetic products if they have been used or the hygiene seal is broken.
5.8 We reserve the right to refuse to refund or exchange products that are returned to us that are not in a resalable condition and do not have the barcode tags intact.
5.9 You may return to us any product (including products otherwise excluded from the cancellation/return rights above) that is damaged, defective or where we have delivered a product to you in error. Once we have confirmed that a product is damaged or defective, or was delivered in error, we will refund you the price paid for the product, plus your original delivery costs (except where you are returning only some products from an order) and the cost of returning the product to us.
6.1 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.
6.2 You have certain rights under the law. These include that we have the right to supply the product to you and that any products supplied by us will be of satisfactory quality and as described. You have certain legal remedies if we breach any of these rights. Nothing in these Terms is intended to affect these legal rights or other rights to which you may also be entitled, for example to damages or specific performance.
6.3 We accept liability for damage to property where and to the extent the damage arises from our negligence, or of our employees, agents or subcontractors, up to a limit of five hundred pounds (£500).
6.4 We are responsible to you for direct and foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for direct loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, up to a limit in relation to any one event or a series of events of five hundred pounds (£500). 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.
6.5 We only supply the products for domestic and private use. 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.
7.2 We may transfer our rights and obligations under these Terms to a third party. You agree that we may do so provided that this does not affect any standard of service you receive under these Terms. You agree that in the case of a transfer only, after we notify you of the date on which will transfer our rights and obligations to another legal entity, your only rights under or in connection with these Terms will be against the new legal entity and not against us.
7.3 This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
7.4 These Terms shall replace any prior agreements or arrangements which may have existed between us, provided that the information you have given us is correct.
7.5 If you breach these Terms and we take no action against you, we will not be considered to have given up our rights in respect of your breach. We reserve our rights and remedies in any situation where you breach these Terms.
7.6 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.
7.7 These Terms of Sale may be updated anytime, so you should examine them as often as possible. If we change our Terms of Sale the revised version will be published on the date of the review here . For material changes to our Terms of Sale we inform you by e- mail or will make it clearly visible on our site to bring attention to the changes. If changes to these Terms of Sale are declared by a court of competent jurisdiction to be invalid or ineffective, the original Terms you accepted will remain in full effect.
7.8 These Terms, and any other contract made between us in the manner described above shall be subject to and interpreted and enforced in accordance with English law and in respect of any actions or claims under these Terms you and we agree to submit to the non-exclusive jurisdiction of the English courts.
7.9 You can find out about the European Commission’s Online Dispute Resolution (ODR) platform here: http://ec.europa.eu/consumers/odr. At present, we do not use alternative dispute resolution (ADR), including through the ODR platform as a means of settling consumer complaints.Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Ditch The Label Limited, [INSERT ADDRESS, TELEPHONE NUMBER, FAX NUMBER AND E-MAIL ADDRESS].
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