Consumer Terms and Conditions for the Provision of Services
All orders are placed with Presented By which is a trading name of Undercover Brothers Ltd, Registered in England and Wales No. 09469512. VAT Registration No. GB 252 8780 81. Registered Office: Floor 6, Quadrant House, 4 Thomas More Square, London, E1W 1YW.
These terms and conditions will apply to the provision of all Services made by Presented By to our customers.
In these terms, except where the context indicates otherwise, the following phrases will have the following meanings:
‘Order Confirmation’ refers to a receipt, provided by us at the point of sale in store, setting out the Services we are to supply to you under these terms.
‘Unexpected Event’ shall have the meaning given to it in clause 10.
‘Working Day’ means any day except Saturdays, Sundays and bank and public holidays.
‘we’ and ‘us’ and related expressions mean Presented By as detailed above.
‘you’ and ‘your’ and related expressions means the person to whom the order is addressed.
‘Consumer’ means any person who, in buying goods and services, is acting for purposes that are wholly or mainly outside their trade, business, craft or profession.
‘Services’ means the sneakercare services which we are providing to you of the number and description as set out in the Order Confirmation.
‘Store’ means 15 Percy Street, London, W1T 1DS.
2. PLACING AN ORDER
2.1 These terms and the Order Confirmation, are considered by us to set out the whole agreement between you and us for the provision of Services. Please make sure that the details that you provide to us about yourself are complete and accurate and that you have carefully reviewed your order before finalising your purchase because you will be bound by these terms once a contract comes into existence between us, in accordance with clause 2.4. We will not be liable or responsible to you for any errors you make.
2.2 If any terms are inconsistent with the terms of the Order Confirmation, the terms contained on the Order Confirmation shall prevail.
2.3 The order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.4 These terms shall be binding upon you and us when we accept your order and you make full payment for the order, at which point we provide you with the Order Confirmation and a contract shall come into existence between us.
2.5 We have the right to revise and amend these terms from time to time to reflect change in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in the capabilities of any systems operated by us. You will be subject to the policies and terms in force at the time that a binding contract comes into existence in accordance with clause 2.4; unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
2.6 If any of your details change after you place your order you should let us know straight away so that we can continue to get in touch with you if we need to.
3. Price and Payment
3.1 The price of the Services shall be the price in force at the point you are issued with the Order Confirmation. We reserve the right to update our price list from time to time without providing specific notice to you.
3.2 The price includes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of the Order.
3.3 Payment of all Services must be made in advance by cash, BACS payment, credit or debit cards or by a Store gift card provided the balance on the gift card is used within 12 months of initial purchase or, if applicable, last use . We accept payment with Visa, Maestro and Mastercard payment cards.
4.1 All Services are subject to availability.
4.2 We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of any material changes.
4.3 We will supply the Services with reasonable skill and care. Unfortunately, it may not always be possible to remove all stains and marks from your items.
4.4 We will use reasonable endeavours to perform the Services set out on the Order within a reasonable timeframe as set out on the Order.
4.5 The contract between us continues for as long as it takes us to provide the Services and, subject to clause 5.7, for you to collect your items.
4.6 We will contact you using the details you provided to us at the point of order to notify you that the Services have been performed and your items are ready for collection. If you fail to collect your items within [60 days] of us notifying you that they are ready for collection, we may dispose of the items as we see fit.
4.7 You must collect When you collect your items in the Store and , you must provide to us your Order Confirmation. ][the order reference number]. We shall be under no obligation to request any further identification from any person purporting to be you who provides this information and cannot accept any responsibility or liability for any loss resulting from the same.
4.8 If we do not deliver the Services on time, you can require us to reduce the fees by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the fees paid under the Order.
5. INTELLECTUAL PROPERTY
5.1 You acknowledge and agree that all copyright (including all branding, graphical and logo information), trademarks and all other intellectual property rights resulting from the Services are the exclusive property of Undercover Brothers Ltd.
6. COMPLAINTS PROCEDURE
6.1 We want you to be happy with everything you buy from Presented By. It is your duty to inspect the items upon collection at the Store.
6.2 If you are unhappy with any aspect of your order please contact our Store. They will be able to help.
6.3 If they fail to resolve the problem to your satisfaction and you would like to speak to somebody else about it, please email our Customer Service Department at email@example.com. We will send an acknowledgement of the matter with 5 Working days of becoming aware of it.
6.4 We will use all reasonable efforts to resolve the matter within 4 weeks of becoming aware of it and, in any event, to resolve the matter within 8 weeks of becoming aware of it.
6.5 You may obtain information about your legal rights by contacting your local Citizen’s Advice Bureau.
7. DATA PROTECTION
7.1 We will use the personal information you provide to us to provide the Services, to arrange your collection of your items, handle any complaints you may have and process your payment for the Services.
7.2If you choose to receive information about products and other services we believe may be of interest to you then we may use your personal information for these our purposes. You may stop receiving these communications at any time by contacting us and letting us know that you want to unsubscribe from receiving such information.
7.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
8. Unexpected Event
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations we may have under these Terms that is caused by events over which we have no reasonable control (an ‘Unexpected Event’).
8.2 An Unexpected Event includes Act of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, extreme weather conditions, lock-outs, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
8.3 The obligations we have under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which the obligations we have under these Terms can be performed despite the Unexpected Event.
9.1 Our shoe experts will examine your item for any pre-existing damage and confirm this on the Order Confirmation. If we take the view an item is beyond repair/cleaning, we may refuse your order. Ssubject to clauses 9.3 and 9.4, we will not be liable or responsible to you for any loss or damage including but not limited to, any colour loss, shrinkage or other damage, resulting from:
(a) the Services being provided where the fact this loss or damage would occur or be likely to occur, was obvious or drawn to your attention before you placed your order; or
(b) failure to notify us of any special instructions or requirement for cleaning the item;
(c) the fact that the item has no label indicating specific cleaning instructions; or
(d) any existing damage to the item.
9.2 Subject to clauses 9.3 and 9.4, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are an obvious result of the failure to comply with these Terms, or which both you and us knew might occur as a result of a failure to comply at the time at which you ordered the Services.
9.3 Neither you nor we shall be responsible for the following foreseeable losses:
(a) business losses, which includes loss of business, business interruption, loss of profits or loss of revenue or income; or
(b) loss of any savings which you or we were expecting to make; or
(c) any waste of time.
9.4 Neither of us will exclude nor limit in any way our own liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 17 of the Consumer Rights Act 2015; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for either you or us to exclude or attempt to exclude our own liability. You may obtain information about your legal rights by contacting your local Citizen’s Advice Bureau.
10.1 English Law is applicable to any contract made under these Terms. The English and Welsh courts have exclusive jurisdiction.
10.2 If any of these Terms are unenforceable as drafted:
(a) it will not affect the enforceability of any other of these Terms; and
(b) if it would be enforceable if amended, it will be treated as so amended.
10.3 All notices sent by you to us must be sent to Undercover Brothers Ltd at the registered offices above. We may give notice to you at either the e-mail or postal address you provide to us at the time of the Order. Notice will be deemed received and properly served twenty four (24) hours after an e-mail is sent or two (2) Working Days after the date of posting of any letter.
10.5 These terms and conditions only apply if you are dealing with us as a consumer. You agree not to use the Services for any commercial or business reasons.
10.6 These Terms and the Order Confirmation constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
10.7 You acknowledge that in placing an order and entering into a contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on these Terms.
10.9 We may transfer our rights and obligations under our contract with you to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
10.10 When you orderServices from us, the contract formed is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.11 If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of the rights or remedies which we have under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver or variation of these Terms shall be effective unless we expressly state that it is a waiver and we tell you so in writing.
10.12 If you have any questions about our Terms or Store please contact our Customer Service Department at firstname.lastname@example.org or Presented By, 15 Percy Street, London, W1T 1DS.
Updated 9 June4 July 2017