TERMS & CONDITIONS AND RETURNS POLICY
By using the Website you agree to be bound by these Terms and Conditions and any Orders placed by you are bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website. Use of this Website following any changes made will signify the user’s acceptance of the modified Terms and Conditions.
We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions from time to time and it is your responsibility to check these Terms and Conditions for changes. We may modify or withdraw, temporarily or permanently, the Website (or any part of it) and we shall not be liable to you or any third party for any modification to or withdrawal of the Website. If you do not agree to our right to change the Website or the Terms and Conditions, please do not use the Website.
If any product has been listed at an incorrect price due to an input error, you will be notified of the correct price and given the choice of either purchasing the product at the correct price or cancelling your order. If you confirm that you still require the product at the corrected price we will deliver the product to you and the necessary price variance will be implemented. If you do not require the goods at the revised price, you can cancel your order and upon return of the goods, a refund will be given.
You agree that any information you submit to the Website including Personal Information shall not be misleading and shall be true and accurate in all respects. If you submit to the Website any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become our property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libellous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Website and we reserve the right to remove any material you have placed on the Website or to deny you access to the Website at any time in our sole discretion.
We are not liable in any circumstances for special, indirect
or consequential loss or any damages whatsoever resulting from loss of use,
loss of data or loss of revenues or profits, whether in an action of contract,
negligence or otherwise, arising out of or in connection with your use of Our
Website or the purchase of Goods.
Except for a claim for personal injury, in any claim against us our liability is limited to the value of the goods you have purchased in the contract that is the subject of the dispute.
Please note that these Terms and Conditions do not affect your statutory rights.
1. Product Descriptions on our Website
1.1 We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered on to the website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.
2. Order process
2.1 Orchard Clothing Ltd. takes all reasonable care, in so far as possible, to keep the details of your Order and payment secure, but in the absence of negligence on our part we will not be liable for any loss you may suffer if a third party procures unauthorised access to any Personal Information you provide when accessing or placing an Order on the Website.
2.2 The technical steps to place your Order and
create a contract of sale between you and us are, as follows:
a) You place an Order on the Website by pressing the ‘Place Order’ button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.
b) We will send you an email confirming your Order which will detail the Product(s) that you have ordered. This email does not constitute an acceptance of your Order by us.
c) We will send you a dispatch confirmation email when your item is dispatched from us or our supplier. Alternatively, in relation to our ‘Collect' service, we will send you an email to confirm that your Order is ready for collection. Upon sending either of these emails, your Order will be taken to have been accepted by us unless we have notified you that we do not accept your Order, or you have cancelled it.
d) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address or make it available for collection on the date and time nominated by you.
2.3 The contract between you and Orchard Clothing Ltd. will be concluded in English and subject to the laws of England and the jurisdiction of the English courts.
2.4 We shall be entitled to supply Products ordered as part of one Order in installments and each installment shall be deemed to constitute a separate contract between you and us. This may mean that Products are dispatched or available for collection separately. We also reserve the right to supply only part of an Order.
2.5 Non-acceptance of your Order (or
parts of your Order) may be due to any one or more of the following
a) a Product you ordered is out of stock;
b) we are unable to obtain authorisation for your payment;
c) we have identified an error with a Product Description;
d) there is a system or procurement failure;
2.6 Orchard Clothing Ltd. is a reseller of goods from third party suppliers; therefore, if we are unable to procure an item you have ordered with us due to a discontinuation of the product, we will cancel and refund you as soon as this is brought to our attention and notify you via the contact email you provided when placing your order with us.
2.7 Further to 2.6 (above), if Orchard Clothing Ltd. need to place an item you have ordered on a back-order for delivery at a future date (thus leading to part-delivery of your order (see 2.4)), a full refund for the cost of the product is available upon request, along with the understanding that this item will be cancelled. Orchard Clothing Ltd. will not be held responsible for any consequential loss caused by non-fulfilment of these products due to extraneous circumstances (supplier stock levels) out of our control. We endeavour to inform our customers of any possible delays with their order, however, if an error has occurred and the customer does not receive notification of any delays, refunds for the products are available upon request along with the understanding that the product will be cancelled from your order.
3. Payment and payment methods on the Website
3.1 We only accept payment for Orders in pounds (£) sterling.
3.2 We accept payment for Orders by Maestro, MasterCard, Visa, Visa Debit, Solo, Electron and e-vouchers.
3.3 If you choose to pay for your Order using a payment card with a foreign currency denominated account, the account will still be taken in pounds (£) sterling at the foreign exchange rate applied by your relevant credit card provider or bank at the time of processing your Order. Your international credit card provider or bank will determine the exchange rate and may add an additional processing or administration charge which you will be liable to pay.
3.4 By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.
4.1 All Product prices shown on the Website are not inclusive of any applicable UK VAT, which is added at the checkout.
5.1 You must provide us with complete and accurate delivery address information. This includes not only the address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
5.2 All parcels will be delivered by UPS and will require a signature on delivery.
5.3 Please note that delivery of your Order may take longer during sale or other busy periods. In extreme circumstances this can be up to 21 days (excluding bank holidays).
6. Contract cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
6.1 Please note well that, when placing an order for items which we embroider/print or otherwise personalise for you at the time and to the specifications of your order, you do so knowing that Consumers have no automatic right to cancel where the order is for the supply of goods made to the Customer’s own specification. The items you order with Orchard Clothing Limited which come embroidered/printed or otherwise personalised to your specification at the time of your order, which includes uniform with logos, printed words and any other personalisation, fall within this bracket and as such we reserve the right to assess any and all requests for order cancellation on an individual basis.
If in doubt, please enquire via the email address or phone number on the website before placing your order.
Cancellation before dispatch or notification of collection
6.2 If you have placed your order online and have received a confirmation email from Orchard Clothing you can still cancel your order providing that it has not yet entered the production process. Please reply to the order confirmation email and mark it clearly ‘CANCEL MY ORDER’ in the subject title line. Please also include your order number, name, address, postcode, a telephone contact number and details of the products ordered.
6.3 If you wish to cancel your order after it has been passed to the production stage but before it has been dispatched and we are unable to prevent your order from being sent to you, you will need to wait until you receive your order and then follow our normal returns procedure . The cost of returning the goods to us will be done entirely at your own expense.
Cancellation after dispatch or notification of collection
6.4 As it is our policy to try to process your Order immediately it may not always be possible to stop an Order from being dispatched or made available for collection . If your order has already been dispatched by our courier you will need to await delivery of your Order before returning it for a refund.
6.5 Please note that together with your right to cancel an order is an obligation upon you the Consumer to return the goods, no longer than 14 days after you inform us of your wish to cancel your order, at your own expense, to us , the Supplier. If you fail to return the goods to us within these 14 days we have a right to charge you the cost of us recovering the goods from you. This does not affect your statutory rights.
7.1 Where you have ordered a product which is too large/small or no longer needed/wanted at time of receipt of delivery, products may be returned no longer than two weeks after receipt of delivery ( 14 days) (return postage will be borne by you, the consumer, for these items.) Items must be in a saleable condition, meaning that they must be unused and in their original packaging with garment tags. We reserve the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product having been used, removed, broken or tampered with.
7.2 Where you have been delivered a
faulty/incorrect item, you should use one of the contact options on the website
as soon as possible. If it is agreed that you have received faulty/incorrect
item(s), you will be advised to return the items within two weeks of the
correspondence (you will be refunded return postage if the error is with
Orchard Clothing Ltd. or its suppliers, see clause 7.6)
7.3 Where lingerie, swimwear, cosmetics and earrings are protected by hygiene seals, you are required to take reasonable care by not removing the hygiene seals. Refunds will not be provided if the hygiene seals have been removed, broken or tampered with.
7.4 Please note that clauses 6.1 and 7.3 do not apply to faulty or incorrectly supplied Products where your statutory rights are unaffected.
How to return an item
7.5 You can return a Product or Order to us by
taking the following steps:
a) Using the returns note, mark which products are being returned, the quantity of items being returned and the reason(s) why. If you do not have the returns form, please include your order number, email address and full name, address and contact details.
your items securely in a bag/box with the returns note inside
c) Address the return to: (Returns) Orchard Clothing Ltd., 6 Dunlop Road, Redditch, Worcestershire, B97 5XP
d) We recommend sending your return via Royal Mail 2nd Class Signed For delivery. We cannot be held responsible for any goods that do not reach us without a proof receipt for the recorded or signed for delivery.
7.6 Postage charges will only be refunded for garments that are found to be faulty following manufacturer’s analysis. Postage refunds will only be paid to the equivalent value of Royal Mail 2nd class parcels 'signed for' prices at the time of posting.
7.7 Please note, exchanges are only accommodated for items that are found to be faulty following manufacturer’s analysis. We cannot process exchanges for any reason other than for faulty garments/mis-picked orders. If you wish to return an item that is too big/ordered in error, we would advise that a new order is placed online for the required goods while your return is processed. This will ensure the fastest delivery time.
7.8 You can also return your Order to our Orchard Schoolwear Redditch store. Please ensure that you bring the delivery note that you got with your Order when returning an Order to our store.
7.9 Please note we will not reimburse any costs incurred by you in returning your Order to our store.
8.1 Within ten (10) days of us receiving your Order back by post, we will refund you the original purchase price providing that you return the Product(s) to us in a saleable condition. You will receive an email informing you of the completion of your refund immediately after the return has been processed.
8.2 Refunds will be issued back to the credit or debit card which you used to place your Order. This will appear in your account within five (5) days depending on your card issuer. If you originally paid for your Order by cheque, then your refund will be sent to you in the form of a cheque by post to your specified billing address.
8.3 If you have paid by card, where you have returned your order under the conditions set out in clause 7.2 (faulty/incorrect item received) and the total amount of the refund, including return postage, exceeds the amount paid by you on your card, we will send you a cheque to the full amount of the refund to your specified billing address.
8.4 Please note that you will not receive a refund until we have received your returned goods.
Promotional discounts and refunds
8.5 If a promotional discount applied to your Order originally, then the same discount will be applied to each Product of your Order that you return. This means that you will only be refunded the amount that you originally paid for your Order or any given Product.
9. Orchard Clothing Ltd. Accounts, Personal Information and security
9.1 When you register for an Orchard
Clothing/Orchard Schoolwear/Orchard Workwear Account, you warrant that:
a) the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
b) You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
9.2 You are fully responsible for maintaining the confidentiality of your Orchard Clothing/Orchard Schoolwear/Orchard Workwear Account and Personal Information, and all activities that occur in relation to your Account and Personal Information. You agree to immediately notify us of any unauthorised use of your Account or Personal Information and, any breach of security or misuse, or suspected breach of security or misuse of such. Please ensure that you exit from your Account at the end of each session if you use a shared computer. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
10. Material and Activity Prohibited
10.1 Please choose carefully the material you post on the Website and which you provide to other Users. You must not misuse the Website. You will not: send or otherwise post unauthorised commercial communications to Users (such as spam); upload viruses, trojans, worms, logic bombs or other malicious code; corrupt data; cause annoyance to other Users; post material that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence; use the Website to do anything unlawful, misleading, malicious or discriminatory; facilitate or encourage any violation of these Terms and Conditions.
10.2 We reserve the right, in our sole discretion, to reject, edit or refuse to post any material and to remove any material from the Website, whether or not the material is expressly prohibited by these Terms and Conditions, or to restrict, suspend, or terminate your access to all or any part of the Website or your Account at any time, for any or no reason, with or without prior notice, and without liability.
11. Compliance with Laws
11.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
12. Liability and Indemnity
12.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
12.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.
12.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.
12.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit or loss of opportunity that result from the use of, or the inability to use, the material or Content on the Website or the performance of any Product purchased through the Website or the conduct of other Users of the Website, even if Orchard Clothing Ltd. has been advised of the possibility of such damages.
12.5 The Website may also contain links to other websites, which are not operated by Orchard Clothing Ltd. When you activate any of these you will leave the Website and we have no control over, and will accept any responsibility or liability in respect of, the material on any website which is not under our control.
12.6 You agree to fully indemnify, defend and hold us and our agents, officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your Account and/or your Personal Information.
12.7 We may terminate your use of the Website immediately if we consider that you have breached these Terms and Conditions.
13. Comments and Complaints Procedure
13.1 Please contact us if you have any comments or complaints by using our online contact form or telephone number. We will always endeavour to resolve any dispute as swiftly as possible.
14.1 We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
14.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
14.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.
14.4 Orchard Clothing Ltd. reserves the right to amend, remove or vary the Website, any page of the Website, any Content on the Website, or any service offered on the Website at any time and without prior notice.
15. Entire Agreement
15.1 These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and Orchard Clothing Ltd. and its subsidiaries. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by Director of Orchard Clothing Ltd. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Terms and Conditions.
16. Our details
16.1 Orchard Clothing Limited is registered in England and Wales with company number 7503937. Its registered office is 6 Dunlop Road, Redditch, B97 5XP. Its contact details are: telephone 0845 208 0471 email email@example.com
16.2 Orchard Clothing Ltd. may instruct a third party courier or postal carrier to deliver your Order to you other than UPS, as specified above, for reasons outside of our control. Should you wish to obtain the details for the specific third party courier or postal carrier that delivered your Order, then please contact us.
By using orchardclothing.co.uk or any of its partner sites, or by registering as a user of any services provided by Orchard Clothing Ltd., you are agreeing to our use of your personal information as outlined below.
When you register with orchardclothing.co.uk or its partner sites orchardschoolwear.co.uk, orchardworkwear.co.uk, you will be asked to provide certain information such as your contact details. We will store this data and hold it on computers or in manual files then use this information to fulfil our agreement with you. Please note that, to provide some of our services, we may require further details from you.
We may use information that you provide or that is obtained by us to r egister you on our website and to administer our website services. We may use internal and external validation and fraud checking systems to verify your identity. We may share some of your data with carefully-selected and monitored third parties for order-fulfilment purposes.
If you have any questions, please contact us via the online contact form, or alternatively on the number listed in section 16.1 above.