Terms and conditions of use
1. Information About Us
1. 1.1 myurbanclothes.com is a site operated by Urban Clothes icn.
2. Service Availability
Our site is only intended for use by people globally. If you use our site from other jurisdictions, please note that you may be liable to pay additional shipping costs and import duties. All Products listed on the site are lawfully for sale in the Globally but you should check on the legality of Products in which you are interested in your own jurisdiction before you order them. Please see clause 12 below for more on this.
By placing an order through our site, you warrant that:
You are legally capable of entering into binding contracts;
You are at least 18 years old;
You are purchasing Products for private and domestic use and not for resale in the course of a business; and
You are resident on planet earth.
By placing an order through our site, you warrant that:
Provide us with all the information that we require, such as your full name, phone number, e-mail address, billing and delivery addresses and any other information that me way request from time to time.
have a valid credit or debit card issued by a bank that we accept. In certain instances, we may carry out a credit check before processing your order, for example, if you wish to have Products customised or to place advance orders on Products that are not yet in stock. We may do this to authenticate your identity and to ensure that you can make payment to us.
How The Contract Is Formed Between You And Us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (the Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
In the event that prior to the Dispatch Confirmation, we find that we are unable to satisfy your order for any reason (such as falling levels of stock) we will attempt to make contact with you in order to offer you any available alternatives.
We do try to make sure that all information on the site is correct all the time but sometimes mistakes are made. In the event of clear error, please see clause 9 below but note for now that we reserve the right to cancel your order even after sending you the Dispatch Confirmation, right the way up to the point at which you accept delivery.
Where we have the Products in stock, we will take payment from you immediately. However, from time to time we may provide you with the opportunity to place an advance order on Products that we have yet to receive into stock. In these circumstances, we may offer you the chance to pay a deposit in order to secure your order. Once we receive the Product in question, we will check it for quality purposes and if we are satisfied, we will take the balance due and issue the Dispatch Confirmation.
Products displayed on the site are shown in full colour, but computer monitors and screens vary so we cannot guarantee that the colour you see on screen will exactly match the colour of the Product in question.
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
You will not have any right to cancel a Contract for the supply of any of the following Products:
goods that you have ordered that are perishable or where the goods are affected by matters of hygiene (e.g. earrings, underwear, swim wear etc); or
newspapers or magazines; or
audio or video recordings or computer software that you have taken out of the sealed packaging in which it was or they were delivered to you; or
shoes that show signs of wear.
Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. For more information, please see our Delivery & Returns Policy.
You should try on briefs, bikini briefs and swimwear over underwear – this includes men's underwear and swimwear. If the adhesive protective strip on womenswear is removed, we will not accept the returned item under any circumstances. You may try shoes by wearing them briefly on a carpeted floor only. Shoes that display any signs of wear, whether to the soles or the uppers or anywhere else, will also be refused as returns. Shoes must also be returned in the original shoebox, which should then be wrapped so as to avoid damage in transit. Accessories such as belts, authenticity certificates and dustbags must also be returned
Faulty Products will be exchanged or refunded within six months of purchase but only where we are satisfied, on inspection, that the Product in question is faulty and that the fault has not arisen out of normal wear and tear. Damaged or soiled Products will not be accepted as returns under any circumstances.
We will only refund shipping costs where the cause of the return is our fault, e.g. the Product is faulty or is not what you ordered. In all other cases, we will only refund the purchase price. If you do not make use of our Delivery & Returns Policy when returning purchases to us, you will have to pay for the shipping of the Products yourself, though we are happy to accept returns that comply with these Terms and our Delivery & Returns Policy however they get to us.
Any discrepancies with an order must be communicated to us within 2 working days from the date of receipt. We will need a copy of the Invoice that you received within your parcel, sending to us. Please email us at firstname.lastname@example.org immediately with a picture of the Invoice and details of the discrepancy, where we will then commence an investigation. Without the copy of the Invoice we will not be able to carry out our investigations. We reserve the right to also ask for sight of the packaging the items were sent to you in.
8. Risk And Title
The Products will be at your risk from the precise time you sign for delivery or someone else does this on your behalf.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges, or at the precise time you sign for delivery (or someone else does this on your behalf), whichever is the latter.
Price And Payment
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery & Returns Policy.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you or, if this information comes to light after we have taken payment, we will refund the difference to the card that you have used for payment. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products may be made by credit or debit card through the site or via a telephone order. We accept payment with [Visa, Mastercard, Solo, Maestro, American Express, Diners] and Paypal. Your credit or debit card will be charged immediately. In the event of payment by cheque or postal order, your order will be prepared immediately and held at our warehouse pending clearance of the payment.
Our Refunds Policy
When you return a Product to us:
because you have cancelled the Contract between us within the 14-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 21 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, postage charges incurred by us cannot be refunded. However, you will be responsible for the cost of returning the item to us, unless faulty.
for any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective, or because the fit is wrong), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will process the refund due to you as soon as possible and, in any case, usually within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase
- Where you wish to return a Product because the fit is not right, you may wish to exchange it for the same Product in another size. If that size is available, we will dispatch the Product to you as soon as we can. If it is not, we will contact you to offer you the chance to wait for further stock to arrive (if this is possible) or to refund the purchase price.
WE WARRANT TO YOU THAT ANY PRODUCT PURCHASED FROM US THROUGH OUR SITE IS OF SATISFACTORY QUALITY AND REASONABLY FIT FOR ALL THE PURPOSES FOR WHICH PRODUCTS OF THE KIND ARE COMMONLY SUPPLIED.
OUR LIABILITY FOR LOSSES YOU SUFFER AS A RESULT OF US BREAKING THIS AGREEMENT IS STRICTLY LIMITED TO THE PURCHASE PRICE OF THE PRODUCT YOU PURCHASED AND ANY LOSSES WHICH ARE FORESEEABLE AS A CONSEQUENCE OF US BREAKING THE AGREEMENT. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY BOTH YOU AND US AT THE TIME YOUR ORDER IS ACCEPTED BY US.
THIS DOES NOT INCLUDE OR LIMIT IN ANY WAY OUR LIABILITY:
FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;
UNDER SECTION 2(3) OF THE CONSUMER PROTECTION ACT 1987 (OR ANY SUCCESSOR LEGISLATION THAT REPLACES THIS);
FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR
FOR ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE, OR ATTEMPT TO EXCLUDE, OUR LIABILITY.
WE ARE NOT RESPONSIBLE FOR INDIRECT LOSSES WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE (SUCH AS LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, WASTE OF MANAGEMENT OR OFFICE TIME) HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF SUCH INDIRECT DAMAGE IS FORESEEABLE.
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact the local customs office in the jurisdiction within which delivery is to take place for further information before placing your order
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined and it is your responsibility to make yourself aware of such laws and regulations. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be addressed to myurbanclothes.com via email. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer Of Rights And Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events Outside Our Control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We (that is, you and us) each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Our Right To Vary These Terms And Conditions
We have the right to revise and amend these terms and conditions from time to time to reflect (without limitation) changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Law And Jurisdiction