ORLEBAR
BROWN – TERMS AND CONDITONS OF SALE
1 THESE TERMS AND CONDITIONS
1.1 What these terms and conditions cover. These are the terms and conditions that cover the terms on which we supply products and goods to you.
1.2 Why you should read them. 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 you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms,
please contact us at obconcierge@orlebarbrown.com to
discuss.
1.3 Our FAQs. You can find further information about our products and placing orders by visiting our FAQs page.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Orlebar Brown Limited, a company registered in England and Wales. The company registration number is 05502027, VAT number is 872 512 034 and registered office is Orlebar Brown Limited, Great Western Studios, Studio 101, 65 Alfred Road, London, W2 5EU, United Kingdom.
2.2 Use of our website. References
to "we", "us" and/or "our" throughout www.orlebarbrown.com (“the Website”) are to Orlebar Brown Limited. The purchase of any products ("Goods" and/or "Products") from the Website is governed by these terms and conditions. We reserve the right to modify these terms and conditions without notice to you. There is no charge imposed by Orlebar Brown for accessing the Website but you must pay the cost of the communications link you use to visit the Website. Access to the Website may be suspended, restricted, or terminated at any time without notice. For more details see our Website Terms of Use policy.
2.3 How to contact us. You can contact us by telephoning our customer service team on +44 (0) 207 785 6941 or by writing to us at obconcierge@orlebarbrown.com or Great Western Studios, Studio 101, 65 Alfred Road, London, W2 5EU, United
Kingdom.
2.4 How we may contact you. 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.
2.5 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 OUR CONTRACT WITH YOU
3.1 How we will accept your order. Your submission of an order represents an offer to purchase Goods and/or Products indicated by you and it is not binding on us until we have notified you that an order is accepted. All advertisements and communications are made by us until your order is accepted by us are invitations to treat only and are not confirmed offers. This means that if Goods or Products are shown on the site but are unavailable or incorrectly priced or otherwise incorrectly described, Orlebar Brown shall not be obliged to sell you those Goods. 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.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this 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, because we have identified an error in the price or description of the Product, or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. 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.
4 OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the Products on our Website are for
illustrative purposes only. Although we have made every effort to display the
colours 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.
4.2 Product packaging may vary. The packaging of the Product may vary from that shown in images on our website.
4.3 Products specific policies. Some of our Products have their own policies and guarantees:
a. For information about our OB Classic
Swim Shorts and the OB Guarantee please see here;
b. For information about our Bespoke
Products and our Snapshorts, please see here;
c. For our Underwear Returns Policy,
please see here.
4.4 Products are not for resale. Our Products sold via this Website are for personal use only and not for resale.
OUR RIGHTS TO MAKE CHANGES
4.5 Minor changes to the Products.
We may change the Product to reflect changes in relevant laws and regulatory
requirements.
4.6 More significant changes to the roducts and these terms. In addition, as we informed you in the description of the Product on our Website, we may make the following changes to these terms or the Product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
5 PROVIDING THE PRODUCTS
5.1 Delivery costs.
The costs of delivery will be as displayed to you on our Website. For more information about our delivery costs please see here.
5.2 When we will provide the Products.
During the order process we will let you know when we will provide the Products to you. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order (unless subject to exceptional circumstances e.g. pre-orders, delays as a result of an event of force majeure, in relation to which we will keep you informed of the progress of your order).
5.3 We are not responsible for delays outside our control. 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 end the contract and receive a refund for any Products you have paid for but not received.
5.4 If you are not at home when the Product is delivered. If no one is available at your address to take delivery
and the Products cannot be posted through your letterbox, our nominated courier will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
5.5 If you do not re-arrange delivery. If you do not collect the Products as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and section 9.2 may apply.
5.6
Ending the contract for late delivery.
If you do choose to treat the contract as at an end for late delivery under section 7.1.1 or section 7.1.2, you can cancel your order for any of the Goods or reject Goods that have been delivered. If you wish, you can reject or cancel the order for some of those Goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Goods and their delivery. If the Goods have been delivered to you, you must either return them in person to where you bought them or post them back to us. We will pay the costs of postage. Please call customer services on +44 (0) 207 785 6941 or email us at obconcierge@orlebarbrown.com to arrange a return or collection of your order.
5.7 When you become responsible for the Goods. The Products/Goods will be your responsibility from the time we deliver the Products/Goods to the address you gave us.
5.8 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to deal with
technical problems or make minor technical changes or to update the Product to reflect changes in relevant laws and regulatory requirements.
6 CHANGING A PLACED ORDER
Please contact us on obconcierge@orlebarbrown.com or +44 (0) 207 785 6941 as soon as possible if you need to make any changes to your order once it has been placed. We will always endeavour to make the requested amendments but please keep in mind due to postal deadlines this is not always possible. Please note, during peak periods and sale, it is not possible to make amendments to orders.
7 YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end your contract with us. Your rights when you end the contract will depend on
what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
7.1.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:
a. we have told you about an upcoming change to the Product or these terms which you do not agree to;
b. we have told you about an error in the price or description of the Product you have ordered, and you do not wish
to proceed;
c. there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
d. we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical
reasons.
7.1.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products
bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.1.3 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by us to you,
which is more generous than your legal rights under the Consumer Contracts Regulations. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed Products. For online purchases, we operate a no quibble exchange or refund guarantee. If you are not happy with your purchase just return it to us, in its original and unworn condition, within 28 days of receipt and we will either send out replacement Goods or refund you the purchase price. We will be in touch via email once we have received your return and endeavour to process all returns within five working days of receipt. We currently offer free returns from anywhere in the world (see our Returns section for more details). If you place your order for our UK, US or AUS site you will be provided with a pre-paid returns label which will be enclosed within your order.
7.1.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we
are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for Goods is completed when the Product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for Products not provided but we may deduct from that refund.
7.2 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
a. bespoke Products, including (but not limited to) our SnapShorts;
b. Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them, including underwear (for more information, please see our Underwear Returns Policy).
8 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
a. Phone or email. Call customer services on +44 (0) 207 785 6941 or email us at obconcierge@orlebarbrown.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
b. Online. Complete the cancellation form on our Website and email it to obconcierge@orlebarbrown.com.
c. By post. Print off the cancellation form and post it to us at the address on the form. Or simply write to us at that
address, including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning Products after ending the
contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return the Goods in person to where you bought them or post them back to us (following the instructions here and sending to ORLEBAR BROWN, TORQUE, WORTLEY MOOR ROAD, LEEDS LS12 4JH, UNITED
KINGDOM). Please call customer services on +44 (0) 207 785 6941 or email us at
obconcierge@orlebarbrown.com for a return label if necessary. If you are exercising your right to change
your mind (under the Consumer Contracts Regulations 2013) you must send
off the Goods within 14 days of telling us you wish to end the contract. Goods that
are returned to us remain the customer’s responsibility and a refund will not
be given until we have received them, or have been provided with sufficient
proof of postage. We recommend that you send your returns using a recorded or
signed for service post and that you retain proof of postage. You will be responsible for the cost of
returning the goods to us where we have not provided or, where provided, you
choose not to make use of, the “free returns” option.
1.3
How we will refund you. We
will refund you the price you paid for the Products by the method you used for
payment. However, we may make deductions from the price, as described below. If
you are exercising your right to change your mind (under Consumer Contracts
Regulations 2013), instead of using our goodwill returns process, we
will also refund your delivery costs.
1.4
Deductions from refunds if you are
exercising your cancelation right under right to change your mind (Consumer
Contracts Regulations 2013). If you are exercising your right to
change your mind:
a.
We may reduce your refund of the
price (excluding delivery costs) to reflect any reduction in the value of the Goods,
if this has been caused by your handling them in a way which would not be
permitted in a shop. If we refund you the price paid before we are able to
inspect the Goods and later discover you have handled them in an unacceptable
way, you must pay us an appropriate amount.
b.
The maximum refund for delivery costs
will be the costs of delivery by the least expensive delivery method we offer.
For example, if we offer delivery of a Product within 3 days at one cost but
you choose to have the Product delivered within 24 hours at a higher cost, then
we will only refund what you would have paid for the cheaper delivery option.
1.5
When your refund will be made.
We will make any refunds due to you as soon as possible. Your refund will be
made within 14 days from the day on which we receive the Product back from you
or, if earlier, the day on which you provide us with evidence that you have
sent the Product back to us.
1.6
Please
see our Delivery and Returns
Policy for further information.
