Issued: 23rd September 2019
- To place an order through the BC Website you must first create an account with us on the BC Website or do so at checkout. You must be at least 18 years of age and give true, accurate, current and complete information about yourself. Should any of that information change, you should notify us immediately at firstname.lastname@example.org or update your account details on the BC website.
- When you create your BC Website account you must select a password. You must keep that password confidential and are responsible for the consequences of its disclosure, or authorising its disclosure or it being used by anyone else to gain access to your account. Any disclosure of your password is at your own risk.
- You do not own your BC Website account but are fully responsible for all activities conducted through it and may not allow another person to use it.
- You must take all reasonable precautions to ensure your BC Website account is not used to send, knowingly receive, upload, download or otherwise deal with any material which is defamatory or in breach of any law or right or contains content which falls within Term 8.13 below.
- We may without notice or liability at any time for any reason suspend or delete your BC Website account.
3. Placing an Order
2. Payment for your order must be for the total price of the items ordered as shown on the BC Website at the time the order is placed (less any applicable valid discount), together with applicable delivery charge. Any subsequent change in the price of an item on the BC Website will not affect the price of an order we have confirmed receipt of in accordance with Term 3.6 below. If you select to pay using Klarna’s services you will pay for your order in three interest free instalments.
3. If you own a BC voucher (as defined in Term 10 below) you may pay for all or part of your order (but not any applicable delivery charge) with that BC voucher, subject to any terms and conditions applying to it.
4. If the total price of your order (excluding any delivery charge) exceeds the value of the BC voucher you use towards its payment, you must pay the remainder of that price with a valid credit or debit card acceptable to us (or Klarna, if you use Klarna’s services to pay) or, if we agree, by bank transfer. If the value of the BC voucher exceeds the total price (excluding any delivery charge) of your order we will send you a new BC voucher for its unused value. We shall send this to the email address you have provided to us once we have issued confirmation of acceptance of your order under Term 3.9 below. We shall not be liable for any failure of this new BC voucher to reach you.
5. Any promotion or discount code we issue is non transferable and there is no cash alternative. A promotion or discount code cannot be used with another offer or promotion or discount code. A promotion or discount code cannot be used more than once unless we specifically state that it may be. We may stop the use of a promotion or discount code at any time without notice.
6. Payment for any delivery charge in respect of your order and for any part of its price not paid for with a valid and unused BC voucher, must be made using a valid credit or debit card issued by a bank acceptable to us (or Klarna, if you use Klarna’s services to pay) at the time you place the order or, if we agree, bank transfer. By placing an order you:
(b) authorise us/Shopify or Klarna where you use their services to carry out a standard pre- authorisation check on your payment card and such other credit, anti- fraud and identity checks as we/Shopify (or Klarna, if you use Klarna’s services to pay) consider appropriate;
(c) warrant that you are the owner of any BC voucher used to pay any part of your order; and
(d) warrant that you will not re-sell any item being ordered and/or use it for commercial purposes or benefit.
7. We shall send you an email confirming receipt of your order.
8. We shall send you an email as soon as we reasonably can to let you know if any item in your order is out of stock. If all the items in your order are out of stock we shall not process it and shall arrange for a full refund of any applicable sum taken.
9. We reserve the right at our sole discretion and without giving any reason to:
(b) limit or cancel the quantities purchased per person, per order, per household, per billing address or per shipping address
(c) refuse to sell our products to any person in a specific geographic region or jurisdiction.
4. Dispatch and Delivery of Orders
- If your shipping address is in the United Kingdom we shall dispatch your accepted order by DHL, unless Royal Mail is selected, or we decided to use Royal Mail, to ensure your parcel is with you promptly within the requested time frame.
- Once your order has been dispatched, you will receive a tracking code so you know when it will arrive, and who will be delivering it.
- The charge for our Standard shipping service per order despatche to the same address in the United Kingdom is £3.50 but is free on orders over £100. Standard shipping via Royal Mail for orders over £100 is £2.00 whilst Standard Shipping via Royal mail for orders under £100 is £4.50. From time to time we may make a special offer waiving the charge for our Standard Shipping service within the United Kingdom. The charge for our Express 48 hour shipping service per order dispatched to the same address in the United Kingdom is £6.00. The charge for our Express 24 hour shipping service per order despatch to the same address in the United Kingdom is £8.00. The charge for our Saturday Delivery shipping service via Royal Mail per order despatch to the same address in the United Kingdom is £10; orders must be placed by 1pm on Friday for delivery the next day.
- (a) If you have only ordered one pocket square by Claudia Meller, your order will be dispatched using Royal Mail First Class delivery. The charge per order dispatched to the same address in the United Kingdom will be £2. Express 48 Hour and Express 24 Hour will still be available at the charges in 4.1
5. Damaged, Defective or Incorrect Items
- Once your order is delivered to the delivery address you provided, you are responsible for all the items in it. You should take care of these items as any damage to them may impair your ability to obtain a refund should you wish to return any of them.
- If upon delivery you find that an item in your order is damaged, defective or incorrect, you have the right to return it for a full refund of the sum you paid for the item and any delivery charge we made but not of any local import taxes and duties if your delivery address is outside the United Kingdom. To do this you must notify us through the “Request a Return” page on the BC website (located in the bottom left hand corner). We shall issue you with a Return Authorisation Number (RA Number) and Return Slip and notify you how to return the item, post free within the United Kingdom. We must receive the item you are returning within 30 days after the date it was delivered to you
- f you discover a manufacturing fault in an item after this but within 6 months of purchase, you still have a right to return it for a refund. Items damaged as a result of normal wear and tear cannot be returned.
- All refunds made under this Term 5 will be made in accordance with Term 6.8 below. When we make the refund (or, if you used Klarna's services to pay, informed them that a refund should be made) we will also re-credit you any Style Points you cashed in for a discount on the purchase price of a returned item. Any Style Points awarded for a returned item will be cancelled.
- You should return the item in its original undamaged packaging and with all tags and labels, whether ours and/or the designers and/or the manufacturers, still attached. If the original packaging is damaged and/or will not protect the item(s) securely you must provide your own secure packaging at your own cost.
- We try to ensure that all information and details and descriptions of products for sale on the BC Website are correct, complete and current but we cannot guarantee it and are not liable for any inaccuracy, incompleteness or out of date information. Images of products on the BC Website are for illustrative purposes only. We cannot guarantee that the material and fabric colours/print colour ways will be exactly as they appear in the product images as your computer may not display them accurately (variable factors, such as screen brightness, can affect this).
- We cannot guarantee that print or colour placements on our products are exactly as seen on product images, particularly where garments are hand made.
- Right to Cancel your Order
1. Under the Consumer Contracts Regulations you have a right to cancel your order, without giving a reason, by written notice to us and receive a refund. This right to cancel comes to an end 14 days from the day after the day on which you receive the last of the items included in your order. It does not apply to bespoke or made-to-order.
2. To exercise this right to cancel you must notify us in writing either by email to email@example.com or letter to The Bias Cut Limited, PO Box 73605, London, SE13 9DZ. You may find it helpful to download and complete the form of cancellation notice available [here] and send/email it to us to exercise this right, but you do not have to use this form.
3. Once we receive your notice of cancellation:
(a) if your order has not been dispatched we shall issue you (or, if you have used Klarna's services to pay, ask them to issue you) with a full refund (including for any delivery charge paid) within 14 days after the day on which we received your cancellation notice;
(b) if your order has been dispatched we shall issue you with your Cancellation Number and Return Slip, and tell you how to return your order.
- If you cancel under the Consumer Contracts Regulations after receiving your order you must return it to us within 14 days of receiving your Cancellation Number. Unless the item you are returning is faulty or incorrect, you must bear the cost of returning it (we recommend returning it via a tracked service). If we do not receive back the items in your order we may arrange for them to be collected from you at your cost.
- If possible, return your order in its original undamaged packaging. It must have all tags and labels, whether ours and/or the designers and/or the manufacturers, still attached. If the original packaging is damaged and/or will not protect the item(s) securely you must provide your own secure packaging at your own cost.
- Within 14 days of our receiving back your order or, if earlier, your providing us with evidence of having returned it (for example a proof of postage receipt from the Post Office) to us, we shall issue you (or, if you have used Klarna's services to pay, ask them to issue you) with a full refund for the item, together with the cost of standard delivery to your requested address (regardless of the shipping service you selected) but not a refund of any local import duties or tax you paid. We will also re-credit you any Style Points you cashed in for a discount on the purchase price of your cancelled order. Any Style Points awarded for the order will be cancelled.
- However, you have a legal duty to take care of your order while it is in your possession. So we may make (or, if you used Klarna's services to may, ask them to make) a deduction from the refund we make you if the value of your order has been reduced because you have handled it more than was necessary or have otherwise damaged it.
- You will receive any refund via the method you used to pay for the relevant order. So, if you used a BC voucher to purchase any item you are returning we shall email you a new voucher to the value of its purchase price by way of refund, instead of a refund being made to your credit or debit card, or by bank transfer, or by making a bank transfer to your bank account if you paid by bank transfer. If you paid for an item you are returning using both a voucher and your credit or debit card or by making a bank transfer to us, we shall refund you (or ask Klarna to refund you, if you have used their services to pay) on that payment card or by bank transfer (as appropriate) up to the amount paid via that method and email you a voucher to the value of the remainder of the purchase price of the item you are returning.
- Returns and Exchange Policy
1. Alternatively to your statutory cancellation rights referred to in Term 6 above, if you are not entirely satisfied with your purchase, you can return it to us for a full refund of the product price paid or an exchange of size provided you comply with our Returns and Exchange Policy as set out in this Term 7. To obtain a refund or exchange under this policy we must receive your request to make a return no later than 15 days beginning with the day the item was delivered to you.
2. Delivery charges you paid us are not refundable unless applicable either to a damaged, defective or incorrect item returned under Term 5 above, or to an order you have cancelled under Term 6 and to which Term 6.3.a. applies, or in respect of which the standard delivery charge is refundable under Term 6.6. We do not refund any local import duties or tax you paid.
3. If the purchase you are returning under this Term 7 was delivered to an address in the United Kingdom, you may return it post free using the procedure in Term 7.7 below.
4. You must return the item in perfect saleable condition with all tags and labels, whether ours and/or the designers and/or the manufacturers, still attached and in its original packaging. If the original packaging is damaged and/or will not protect the item(s) securely, you must provide your own secure packaging at your own cost. We will not make (or, if you used Klarna's services to pay, will not ask them to make) a refund for any item that has been stained or otherwise damaged or soiled while in your care or has been worn or altered or is not in its original undamaged packaging. In this case we shall return the item to you at your own cost.
5. If you are returning or exchanging an item from a UK address, to comply with our Returns and Exchange Policy you must notify us of your intention to make a return by clicking Request a Return under the Customer Service heading at the bottom left hand side of the BC Website. You must then complete and submit the ‘Order Lookup’ form thereby accessed, giving your order number and the email address you used to purchase your order with, and then create a return for the appropriate item. We shall then email you with further details about how to make your return, which you should read and follow carefully.
6. To enable you to make the return we shall email you a Return label on the day before the date you specified when you requested your return. You must secure the Return label to the front of your package and, if you are sending it back from within the United Kingdom, take it to a Post Office to post back to us no later than the day stated on the label. We recommend you retain proof of posting.
- If the order you are returning was delivered to an address in the United Kingdom, we shall pre-pay the postage for returning it if you follow this procedure:
- Notify us on the return form on the BC website or email us, when we ask you to specify, the date on which you wish to take your Returns package to the Post Office for posting back to us – this date must be no later than 14 days after the day on which you requested a return/exchange; the Returns label we shall then send you will state this date
- on the date you specified to us take your Returns package, with your Return label affixed securely to the front, to your Post Office branch to post it back to us with postage pre-paid. If you fail to drop off your Returns package at the Post office on the date you specified and with the Return label secured to its front, you must pay the cost of returning it to us.
- If you are returning or exchanging your item from outside the UK, you must email us at firstname.lastname@example.org to request a return/exchange. Once we have confirmed your request and sent you a Returns slip, you will need to arrange a return and you are responsible for all costs of returning it to us. We recommend you use a trackable method and retain proof of posting.
9.You are responsible for the item you are returning until it reaches our return address.
- When we have received and accepted your return we shall send you an email to confirm this and within 30 days thereafter make you a refund in accordance with Term 6.8 above. Or, if you used Klarna's services to pay for the returned item, we will ask Klarna to process a refund within 14 days after we have accepted you return. We will also re-credit you any Style Points you cashed in for a discount on the purchase price of a returned item. Any Style Points awarded for a returned item will be cancelled.
- If you have indicated when filling in the ‘Order Lookup’ online returns form and/or on your Returns slip that you wish to exchange the item you are returning for another size, on receipt and acceptance of your return we shall send you an email confirming whether the item you wish to purchase instead is in stock and, if we do not require additional payment, its expected delivery date. If it is cheaper than the item you are exchanging we shall refund you any difference in price (or email you a new BC voucher to the value of that difference where you purchased the item you are exchanging with a BC voucher) or, if it costs more, contact you to take additional payment. Refunds under this Term 7.11 are made in accordance with Term 6.8 above.
8. The BC Website
- While you are in full compliance with the Terms, we grant you a non-exclusive, limited, fully revocable license to use the BC Website. All proprietary rights in the BC Website, its name and the logos relating to it remain ours and are not transferred to you through use of the BC Website. We are the owner or licensee of the intellectual property rights in all material, including all images, published on it.
- You may not use our or the BC Website’s trademarks except to refer to us or the BC Website lawfully and in good faith.
- You may not use any content/material, whether in whole or part, on the BC Website for commercial purposes unless we have given our express prior written consent to your doing so.
- But you may use an image or other material from the BC Website for non-commercial purposes provided you credit the BC Website, post a hyperlink to that image or other material as it appears on the BC Website and you use the image or other material in such a way that it is fair and not illegal or misleading, and it does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association with or endorsement by us). We reserve the right to withdraw any permission given by this Term 8.4 at any time without notice or reason and, if we ask you to remove the image or other material and/or a link to the BC Website, you must do so immediately.
- You must always acknowledge our authorship (or the authorship of named contributors, if appropriate) of material on the BC Website.
- You may not post embedded videos or hyperlinks to other websites on the BC Website. We do not accept responsibility for the content of any videos embedded in content posted on the BC Website. Nor do we endorse or accept responsibility or liability (directly or indirectly) for the content, terms and conditions, policies, products or services of any website to which there is a hyperlink on the BC Website.
- We do not endorse, support, represent or guarantee the truthfulness, accuracy, legality, quality, morality or reliability of any content posted on the BC Website, nor do we endorse any of the opinions expressed on it. You rely on any material or information posted on the BC Website at your own risk. No statement or information on the BC Website amounts to advice. Opinions expressed on the BC Website are the personal opinions of the designer, label or other author and do not reflect our opinions.
a)We do not endorse, support, represent or guarantee the truthfulness, accuracy, legality, quality, morality or reliability of any content posted on other websites to which there is a hyperlink on the BC Website or of any resources or services provided by third parties to which there is a hyperlink on the BC Website or with which we partner to bring you services on the BC Website. If we post such a hyperlink or otherwise enable you to connect with such a third-party it should not be interpreted as an endorsement by us of the content of or of the resources or services offered by the third party.(b)We do not control or monitor any third parties (including those we partner or link with, such as Klarna), the contents of their web sites or their activities; these are subject to separate terms and conditions and privacy policies and you should review them carefully. We are not liable for any loss or damage that may arise from your use of such third parties or their resources or services; you use them at your own risk.
- We do not actively monitor content or information posted on the BC Website and as far as legally possible are not liable for it. You will indemnify us against any claims we receive from third parties as a result of your actions or any content or information you post.
- You may only post content/material on the BC Website which you own and of which you own the associated copyright. You will retain any and all applicable copyright and other intellectual property rights with respect to any content/material you upload to or post on the BC Website to the extent that you have such rights under any applicable law.
- You acknowledge that in posting any content on the BC Website you do not expect to receive any fee or other compensation and you grant us the right to use any content/material you post for our own purposes free of charge.
- If you or we delete content/material you have posted on the BC Website you accept that any of it may remain in back-up copies for up to 30 days after its deletion.
- In using/accessing the BC Website you undertake to do all you reasonably can to keep it safe and will not take any action or upload, post, email or otherwise transmit content/material that:
- (a) is unlawful, misleading or infringes or violates our or any third party rights and/or any right or duty under any law or under any contractual or fiduciary relationship;
- (b) we decide at our sole discretion is defamatory, discriminatory, harmful, abusive, malicious, threatening, harassing, bullying, intimidating, obscene, vulgar, hateful, illegal or which is racially, ethnically or otherwise objectionable or which breaches another person’s privacy or contains nudity, graphic or gratuitous violence, or is pornographic or incites violence;
- (c) involves or contains any viruses, worms, Trojan horses, spyware, timebombs, cancelbots or other technology which damages computer hardware, software or programming routines, or malicious code intended to detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or provides links which take BC Website users to viruses or other malicious code; or
- (d) contains any unsolicited or unauthorised advertising, promotional materials or other communications in the nature of junk mail, spam, chain letters, pyramid schemes or any other form which we, at our sole discretion, consider to be of a similar nature.
- (a) access the accounts of other BC Website users or solicit their log-in information;
- (b) create a BC Website account or subscribe to the BC Blog for another person;
- (c) develop or operate third party applications through the BC Website; for the avoidance of doubt this does not preclude your using the services of Klarna to pay for your order;
- (d) introduce independent software into the BC Website environment;
- (e) attempt to discover the BC Website’s source code;
- (f) impersonate any individual or company or falsely state or otherwise misrepresent an association with an individual or company;
- (g) use or enable another person to use content on the BC Website for your or their own commercial gain;
- (h) download content/material from the BC Website to a database you have created;
- (i) do anything that might impair, disable, overburden or otherwise interfere with the proper working, functionality or appearance of the BC Website; or
- (j) breach the Terms or encourage or facilitate another to breach the Terms.
9. Our Service
- We make no representation that any aspect of the BC Website is appropriate or available for use outside the United Kingdom. If you access the BC Website from a location outside the United Kingdom, you alone are responsible for compliance with applicable local laws and any repercussions of non-compliance.
- We make no representation that any content/material on the BC Website is up to date, accurate and complete and we are not liable for any loss or other result of it not being so.
- We do not exclude or limit liability for death or personal injury caused by our negligence, nor for fraud or fraudulent misrepresentation, nor for any other liability which cannot be limited by law.
- We do not guarantee the continuous, error-free, secure or virus-free operation of the BC Website or your BC Website account. We may interrupt the BC Website with or without prior notice for any reason or no reason and shall not be liable for any interruption of or delay in the BC Website or its failure to perform.
- We may at any time change or remove any aspect of the BC Website, including content posted on it, as we see fit at our sole discretion.
Us/we: The Bias Cut Limited
BC Website: The-Bias-Cut.com website at www.the-bias-cut.com
The BC Blog: The-Bias-Cut.com blog which is incorporated in and can be accessed through the BC Website
Cookies Policy: the BC Website’s Cookies Policy, as from time to time amended
Shopify: Shopify Inc and its affiliates, including but not limited to Shopify Data Processing Inc
Klarna: Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, in cooperation with which we are able to offer their ‘Pay in 3’ option, allowing you to pay for your purchases in three instalments, interest free. Klarna is regulated by the Swedish Financial Services Authority and is also required to comply with relevant rules of the UK Financial Conduct Authority.
BC voucher: a valid and unused gift voucher issued by us. It does not have any cash-in value and is non transferable.
Style Point: a point we allocate to you if you purchase a product from us: £1 paid us for any product or service (excluding package and posting and any amount paid with a BC Voucher) earns 1 Style Point. From time to time we may also award Style Points (such number to be at our discretion) for conducting certain activities in relation to the BC Website. Style Points earn discounts off the purchase price of our products, as follows: 750 Style Points = a £5 discount, 1,000 Style Points = a £10 discount and 2,300 Style Points = a £30 discount. A Style Point cannot be used more than once to acquire a discount. It does not have a cash-in value and is non transferable. If you or we delete your account on the BC Website you automatically lose all your Style Points.
Standard shipping service in the United Kingdom: an order is posted to arrive in 3 to 5 working days after placing the order
Express 48 hour shipping service in the United Kingdom: an order placed before midnight on any Working Day, Monday to Thursday, is posted to arrive within 48 hours
Express 24 hour shipping service in the United Kingdom: an order placed before 1pm on any Working Day, Monday to Friday, is posted to arrive within 24 hours
Working Day: a day of the week excluding Saturday, Sunday and public holidays
Consumer Contracts Regulations: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 of the United Kingdom
RA Number: Return Authorisation Number.
Legal representation: Ceruelan Law