ORLEBAR BROWN – TERMS AND CONDITONS OF WEBSITE USE

Privacy Policy

Welcome to the Orlebar Brown Limited privacy notice.

Orlebar Brown respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) or when you visit any of our stores and tell you about your privacy rights and how the law protects you.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary at the back of the notice to understand the meaning of some of the terms used in this privacy notice.

1. [Important information and who we are]
2. [The data we collect about you]
3. [How is your personal data collected]
4. [How we use your personal data]
5. [Disclosures of your personal data]
6. [International transfers]
7. [Data security]
8. [Data retention]
9. [Your legal rights]
10. [Glossary]

References to "we", "us" and/or "our" throughout www.orlebarbrown.com (“the website”) are to Orlebar Brown Ltd.

The use of the website and the purchase of any goods ("Goods" and/or "Products") from the Website is governed by these terms and conditions ("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.

Goods supplied to US consumers from the Website are supplied by Orlebar Brown Inc.. As such, Orlebar Brown Inc., shall be the Merchant of Record for all purchases made for delivery into the US via the Website.

Orlebar Brown Inc., is a company registered in Delaware.
The company registration number is 39-3915187, and the registered office is Orlebar Brown Inc., 64 Bleecker Street, #195 New York, New York 10012.

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.

Orlebar Brown is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. Our goal is to enable all of our customers to successfully transact business through our website and access all of our digital offerings.

We are actively taking steps and devoting resources to further enhance the accessibility of our website to meet or exceed applicable standards. This work is ongoing and as we continue to strive toward our goal of promoting accessibility, we welcome your feedback on how we might improve. If you have difficulty accessing any feature or functionality of this website, please let us know. Contact us at +44(0)2077856941 or email us at obconcierge@orlebarbrown.com

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by our licensor or us.

You acknowledge and agree that the material and content contained on this Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Whilst we will use all reasonable endeavours to verify the accuracy of any information we place on the Orlebar Brown 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 Orlebar Brown Website, or any transaction that may be conducted on or through the Orlebar Brown Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Orlebar Brown website will meet your requirements or will be uninterrupted, timely, secure 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 or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Orlebar Brown website.

The fullest extent permissible under applicable law, we disclaim any and all warranties of any kind whether express or implied, in relation to the Goods or Products.

This does not affect your legal rights as a consumer.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Orlebar Brown website and any information provided to or taken from the Orlebar Brown website by you. We will not be liable, in contract, tort (including without limitation, negligence), pre-contract or other representations (other then fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:

• economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• ny loss which was not brought to the attention of Orlebar Brown Ltd at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Orlebar Brown; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provision of an matter under these Conditions.

Notice in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that or our servants, agents or employees.

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

No waiver by use shall be construed as a waiver of any preceding or succeeding breach of any provision.

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

These conditions (as amended and altered from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral between You and Orlebar Brown in relation to such matters. You confirm that You have read these Conditions and You fully understand them and You also agree that these conditions are the only terms (together with Your network provider agreement) that rule Your relationship with us.

For purchases made for delivery into the US via this Website, these Conditions shall be governed by and construed in accordance with the applicable US federal and state law.
For customers purchasing from this Website for delivery outside of the United States of America, these Conditions shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

Orlebar Brown will always try to resolve complaints as quickly as possible. However, if we’ve not resolved your complaint to your satisfaction, you can refer the issue to the independent “Alternative Dispute Resolution” service provided by The Retail Ombudsman (see the Ombudsman’s website here).

Provided your complaint is in their remit, they will investigate your complaint free of charge. If you have purchased your goods online, you also have the right to pursue Online Dispute Resolution (“ODR”) through the ODR Platform, accessible via the following url: http://ec.europa.eu/odr.

Please note that although you have the right to bring a complaint to The Retail Ombudsman, or through the ODR Platform, Orlebar Brown is not legally bound to comply with the ADR/ODR process and, therefore, shall be entitled to elect not to participate in the event that you do bring such a claim.

Promotional codes are for transactions on orlebarbrown.com and cannot be used in conjunction with any other offer or discount; this includes reduction in price(s) during sale. The sum or percentage discount will be reduced from the order total excluding shipping costs.

Orlebar Brown reserves the right in its sole discretion to exclude any person from using any promotional code. Orlebar Brown decision will be final and binding. These Rules are governed by the laws of England and Wales.

The promoter is Orlebar Brown. If you have any problems, questions or need assistance, please write to obconcierge@orlebarbrown.com with the subject ‘Promotional Codes'.

Please note, promotional codes cannot be used in conjunction with pre-orders or any other offer, promotion or 007 James Bond products.

Standard terms and conditions still apply during any free delivery promotion.

Any free delivery promotions are subject to Orlebar Brown’s right to do the following at any time: (i) cancel the promotion, (ii) cancel or refuse any individual's right to benefit from it and (iii) amend the terms and conditions of the promotion.

This promotion is valid in conjunction with other offers and can be used more than once. The promotion is not transferable or redeemable for cash or credit towards any purchase. It is valid only on orders over the agreed value made via Orlebar Brown’s web-stores or on orders placed via phone to Orlebar Brown’s web-store.

Free delivery promotions are with our standard shipping services. Orlebar Brown do not guarantee or are responsible for standard delivery times.

The 5 year guarantee applies to OB Swim Shorts (including Snap Shorts) only. Your purchase of Swim Shorts must be registered with Orlebar Brown in order to claim against the Guarantee..

The issue must be considered a fault by Orlebar Brown to claim against the Guarantee.

FAULTS INCLUDE:

• The material splitting;
• Side fasteners breaking;
• Stitching coming away;
• Extreme colour loss.

Swim Shorts that have been purchased direct from Orlebar Brown and registered for the Guarantee, which develop a fault within 6 months of purchase can be returned for a refund. Swim Shorts purchased outside of the 6 months can be returned for exchange only. This does not affect your legal rights.

Swim Shorts that have been purchased from a registered stockist and registered for the Guarantee with Orlebar Brown, may be returned directly to Orlebar Brown for an exchange. Alternatively, any faulty Swim Shorts (or other faulty Orlebar Brown products) purchased from our registered stockists may be returned to the relevant stockist in line with your legal rights.

Proof of purchase must be presented in order to register your shorts. If you no longer have the receipt, please provide a bank statement.

Shorts purchased with us online are automatically registered for the Guarantee.

Shorts must be purchased directly from Orlebar Brown or from one of our registered stockists in order to register your shorts with the Guarantee.

The Orlebar Brown Guarantee is currently only an in-house programme, any claims must be made directly at Orlebar Brown.

If your OB Swim Short has been bought in the last year, Orlebar Brown will provide you with a returns shipping label, otherwise the cost of shipping the return to our London, UK address is the customer’s responsibility. If it has been over six months since purchase, and Orlebar Brown accept the issue as a fault, refunds and credit will not be available and shorts can only be exchanged. Shorts can only be exchanged for the same style, colour and size. If the style or colour you’ve returned is no longer available, then Orlebar Brown will offer you an alternative colour of equivalent value, but the cash equivalent of the value cannot be applied to other shorts or items.

We will consider a single OB Classic Swim Short twice under the Orlebar Brown Guarantee. If you experience an issue that Orlebar Brown accept as a fault, and we offer a replacement or repair, this will be considered a single claim. This does not affect your legal rights.

Any gift vouchers purchased from Orlebar Brown are issued by Orlebar Brown Limited (“Orlebar Brown”)The promotional gift voucher to value of £50/60€/$75 is only issued to customers with orders of the value £250/300€/$400 or more, excluding postage and packaging.

This gift voucher is issued by Orlebar Brown Limited (“Orlebar Brown”)

The promotional gift voucher to value of £50/60€/$75 is only issued to customers with orders of the value £250/300€/$400 or more, excluding postage and packaging

The values stated for the promotion are set by Orlebar Brown and are directly converted at market rates

If the value of the order falls below the stated threshold - through refund via return or exchange - the promotional gift voucher will be cancelled. If the gift voucher has already been redeemed, the value of the gift voucher will be deducted from the refund amount due

Only one promotional gift voucher with purchase per person. Any Orlebar Brown gift voucher may only be used once. Terms and Conditions of purchase shall apply equally to any product purchased using a gift voucher, as they would to any other purchase of product.

Gift vouchers can be redeemed online on Orlebar Brown’s website and at Orlebar Brown stores. Gift Cards cannot be used for payment in Orlebar Brown concessions, in third party department stores or in independent retailers and are excluded from free delivery options.

If using the gift voucher online, you must enter the nine-character code printed on the gift voucher where indicated at the checkout in order to redeem the voucher.

The currency of the gift voucher will match the currency of the related order. Gift vouchers are not cheque guarantee, credit or charge cards and cannot be exchanged for cash, returned or refunded, except in accordance with your legal rights. Gift vouchers cannot be exchanged for an alternative currency and carry no cash value. Gift Vouchers can only be redeemed in the currency in which they were created.

Gift vouchers cannot be exchanged for cash or an alternative currency and carry no cash value. Gift Vouchers can only be redeemed in the currency in which they were created

Gift vouchers are valid for 12 months from the date of their purchase. After 12 months from purchase of the gift voucher, any remaining balance will be cancelled and will not be returned to the customer.

After 12 months from purchase of the gift voucher, any remaining balance will be cancelled

Orlebar Brown will not accept liability for lost, stolen or damaged vouchers. If any of these occur, please contact Orlebar Brown immediately

Use of this voucher constitutes acceptance of Orlebar Brown’s terms and conditions set out above. This does not affect your legal rights.

This gift voucher is issued by Orlebar Brown Limited (“Orlebar Brown”)

The promotional gift voucher to value of £50/60€/$75 is only issued to customers with orders of the value £250/300€/$400 or more, excluding postage and packaging

The values stated for the promotion are set by Orlebar Brown and are directly converted at market rates

If the value of the order falls below the stated threshold - through refund via return or exchange - the promotional gift voucher will be cancelled. If the gift voucher has already been redeemed, the value of the gift voucher will be deducted from the refund amount due

Only one promotional gift voucher with purchase per person. Any Orlebar Brown gift voucher may only be used once. Terms and Conditions of purchase shall apply equally to any product purchased using a gift voucher, as they would to any other purchase of product.

Gift vouchers can be redeemed online on Orlebar Brown’s website and at Orlebar Brown stores. Gift Cards cannot be used for payment in Orlebar Brown concessions, in third party department stores or in independent retailers and are excluded from free delivery options.

If using the gift voucher online, you must enter the nine-character code printed on the gift voucher where indicated at the checkout in order to redeem the voucher.

The currency of the gift voucher will match the currency of the related order. Gift vouchers are not cheque guarantee, credit or charge cards and cannot be exchanged for cash, returned or refunded, except in accordance with your legal rights. Gift vouchers cannot be exchanged for an alternative currency and carry no cash value. Gift Vouchers can only be redeemed in the currency in which they were created.

Gift vouchers cannot be exchanged for cash or an alternative currency and carry no cash value. Gift Vouchers can only be redeemed in the currency in which they were created

Gift vouchers are valid for 12 months from the date of their purchase. After 12 months from purchase of the gift voucher, any remaining balance will be cancelled and will not be returned to the customer.

After 12 months from purchase of the gift voucher, any remaining balance will be cancelled

Orlebar Brown will not accept liability for lost, stolen or damaged vouchers. If any of these occur, please contact Orlebar Brown immediately

Use of this voucher constitutes acceptance of Orlebar Brown’s terms and conditions set out above. This does not affect your legal rights.

We are not responsible for any costs, charges, fees, or other expenses which may be applied to a transaction by your card issuer, bank (or payment method provider) as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of your order being placed through our UK website. Depending on which of our websites you are using we accept payments in British Pounds, American Dollars, Euros, Australian Dollars, United Arab Emirates Dirhams . If your usual currency of payment is not indicated on our website, the final price for your order may be charged in the currency of your credit/debit card payment or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we will not be responsible for any cost, charge, fee, other expense or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency than the currency of your purchase as displayed on our website.