Terms & Conditions of Sale
1. WHO WE ARE
This website www.4thandreckless.com is operated by Tudorknight Limited t/a 4th & Reckless ('we', 'us', 'our').
We are a limited company registered in England with company under number 08452495 and with our registered office at Units 7-9, Empress Business Park, Chester Road, Manchester, England, M16 9EA.
Our VAT number is GB160345435.
2. CONTACT US
If you have any questions about us, these Terms and Conditions of Sale, our website or our products, please do not hesitate to contact us by emailing us at: firstname.lastname@example.org or writing to us at our address above.
3. APPLICATION OF THESE TERMS AND CONDITIONS
Please read these Terms and Conditions of Sale carefully before placing your order (you may wish to print a copy for your record). These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information.
By placing an order through this website or over the phone, you confirm that you have read, understood and agree to these terms and conditions.
If you think there is a mistake in these Terms and Conditions of Sale or there are any terms that you do not understand, then please contact us to discuss.
We may occasionally amend these terms and conditions and you should check them each time you place an order. These terms and conditions were last modified on 29/11/2021
4. OUR PRODUCT
The images of the products on our website are illustrative only. Although we have made every effort to display the products and colours accurately, we cannot guarantee a product’s display of the colours accurately reflects the true colour of the products and your products may vary slightly from those images.
While every care has been taken to ensure that product information on our website is correct, actual product, packaging and materials may contain more and/or different information than shown on our website.
All product measurements are approximate only and the packaging of the products may vary from that shown in images on our website.
You should always read the labels, warnings and instructions provided on or with the products before using them and not rely solely on the information on our website. This notice does not affect your legal rights.
If you have any queries about the products you have purchased then please contact us using the contact information provided at paragraph 2 above.
5. HOW TO ORDER
To place an order for products on this website, you should add your product to the “Cart” by clicking on the “Add to Cart”, enter the Cart, choose your delivery options and click on the “Checkout Securely” button where you will be directed to the payment options.
Existing customers: If you already have an account with us and are not already logged in, then log in to your online account through the link in the “Contact Information” section on the “Secure Checkout” page.
New customers: if you are a new customer then you have the option to register and set up an account with us or checkout as a guest. If you wish to register an account then you will be asked to provide your valid email address, billing and delivery address information and choose a password. Your personal information will be held in the strictest confidence and used in accordance with our privacy notice, a copy of which can be viewed here
You can access your Cart at any time and up until the point at which you place your order, you can review it and make changes to it.
Please take the time to check your order before submitting it. If you submit an order in error you will have the opportunity to cancel this in accordance with paragraph 10
6. HOW TO PAY
You can pay for our products using a debit or credit card (Mastercard, AMEX, Maestro and Visa only), PayPal, Google Pay or Shop Pay. We will take full payment for your order immediately when your order is placed. All transactions are charged in pounds sterling at checkout.
During the checkout process, you will be asked for your payment details. By completing these you are confirming that the debit or credit card is yours. All card payments are subject to authorisation by your card issuer.
You can also pay for products on our website using PayPal, or Klarna. We will take full payment for your order immediately when your order is placed. All transactions are charged in pounds sterling at checkout. If you choose to use Klarna as your preferred payment option then in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
- Pay in 3
- Pay Later
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. For how your personal data will be handled by Klana please see the information in Klarna’s privacy notice [insert link to Klarna website].
If you wish to pay for the products using PayPal, Google Pay or Shop Pay, then once you have confirmed your order, you will be redirected to the relevant login page for your chosen method to complete the payment of the order. If you do not have a PayPal, Google Pay or Shop Pay account, you can sign up at their respective login pages before completing your order.
If you place your order on a Saturday, Sunday or bank holiday, the order will be processed and confirmed usually by the following business day in the UK.
Once you have placed an order, you will receive an e-mail from us acknowledging receipt of your order. However, this does not mean your order is accepted by us. Your order will only be accepted by us once we email you confirming that the products have been dispatched. It is at this point that the contract between you and us for the sale and purchase of your ordered products is formed and becomes binding. The contract that is formed will be in English and will include these Terms and Conditions of Sale.
Please note our products are subject to availability. Whilst we will try our best to ensure that our website only displays products which are in stock, this can change quickly and so there may be circumstances where a product you have ordered is unavailable. If we have already accepted your order we will notify you and you will have the opportunity to cancel your order or order a suitable replacement, otherwise we will notify you that we cannot accept your order.
We may also be unable to accept your order because:we have identified an error in the price or description of the product;
- we are unable to obtain authorisation for your payment;
- you do not meet the eligibility to order criteria as set out in these Terms and Conditions of Sale; or
- we are unable to meet a delivery deadline you have specified.
We will let you know if this is the case and will not charge you for the products you have attempted to order in these circumstances. If you have already paid for the products, we will refund you the full amount paid as soon as possible.
We may also decide, at our discretion, not to accept an order from you for any products.
The prices of the products will be as shown on our website and in British Pounds Sterling (GBP) including VAT but delivery charges may be extra depending on your chosen delivery method. To find out how much it will cost to get your product delivered, please click here [Insert Link to delivery options].
Where we provide you with the option of reviewing prices in a different currency this is for your information only and prices are converted to GBP at the checkout. We do not accept payment in any currency other than GBP on this website.
Our prices may occasionally change but (except for any change in the VAT rate (see below)) this will not affect any order you have placed before that price change and which we have already accepted.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full and before the change in the rate of VAT takes effect.
We make every effort to ensure that the correct prices are displayed on our website. However, if we discover an error in the price of the products you have ordered before they are delivered to you, we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. If we are unable to contact you, we will treat the order as cancelled and notify you accordingly.
Please note that if a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.8. DISCOUNTS, PROMOTIONS AND VOUCHERS
- Occasionally, we may offer discounts, offers or vouchers on certain products (the “Offers”) e.g. as a promotion or discount for students or as a gesture of goodwill. We have the right to withdraw such Offers at any time and they may also be subject to time restrictions, availability and other terms and conditions.
- To avoid disappointment, please ensure you check our website for currently available Offers before trying to redeem one.
- We may occasionally provide Offers, with or without a promotion code. Offers with codes are usually only valid for one transaction and once the code is used, it will be deactivated and will no longer be valid.
- Offers cannot be added to an order after the order is confirmed, therefore you must ensure that the Offer is valid and inputted into the checkout page where shown before you confirm and pay for the products.
- We are not responsible for Offers related to our products where such Offers are published on external websites or other media.
- We can withdraw an Offer at any time but where you have placed an order using a valid Offer we will honour that offer.
Products you order from us will be delivered to the delivery address notified by you at the time of placing your order. We are not liable if you do not receive your products and have provided us with an incorrect address. Please notify us promptly of any change to your delivery address or contact phone numbers
We do our best to send you your products by the estimated delivery date set out in our email confirming your order, or, if no date is specified, then no later than 30 days following the date of our email confirming your order. If we are unable to meet the estimated delivery date we will contact you with a revised estimated delivery date.
All delivery options are tracked and tracking details will be provided to you via email.
We use various couriers to deliver our products. If no one is available at your address to take delivery, the courier may provide the option for you to designate a safe place where the products can be left securely at that address. If the courier does not provide the option for you to designate a safe place then the courier may leave the product at your address or return this to the courier’s premises (depending on its policy) and leave you a note informing you that delivery has been attempted and the products returned to the courier’s premises. In these circumstances, please contact our courier to rearrange delivery. You are responsible for the products once thy have been delivered even if this means they have been left at your address when you are out.
If after a failed delivery, you do not re-arrange delivery or collect the products from the delivery depot notified to you 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 we will refund you the money you have already paid for the order but reserve the right to deduct from the refund a reasonable sum as compensation for any costs we have incurred as a result.
Unfortunately, we do not deliver order placed via this website to addresses outside the UK. We do not deliver to PO Boxes.
You may place an order for products from outside the UK, but this order must be for delivery to an address in the UK.
If we consider that we are or may be unable to supply the products to you within a reasonable time (or at all) we can cancel the contract with you and will refund you any sums that may have already paid us for the cancelled contract.
Products that you order from us will be your responsibility from the time we deliver these products to the address you gave us when placing your order.
10. YOUR RIGHT TO CHANGE YOUR MIND
We cannot accept any returns or issue any refunds for any products you have ordered have been customised to your specifications, or personalised, or cannot be returned for hygiene or personal health reasons (such as some items of lingerie, bikini bottoms and earrings for pierced ears (which have been unwrapped) unless these are faulty at the time of delivery.
For all other products that you order from us you have until 30 days from the date of delivery to change your mind, cancel your order and receive a refund, or exchange (where available) free of charge.
To exercise your right to cancel, you must inform us of your decision to cancel within the cancellation period stated above at paragraph 10a by emailing or writing to us to the following: email@example.com. You can also cancel your order by completing and returning to us our cancellation form, a copy of which can be downloaded at [insert link]. We suggest you keep a copy of your cancellation notification for your own records.
You must arrange for the return of the order to us and you are responsible for ensuring it reaches us in a saleable condition.
Your cancellation is effective from the date you notify us that you wish to cancel. You must return the cancelled products to us within 14 days of informing us that you wish to cancel or, if you have yet to receive the products, within 14 days from the date that you receive them.
If you are returning your products by post, we recommend that products are sent by registered post or you obtain a certificate of posting from your local post office or by courier. You should always retain evidence of posting or proof of shipment and the tracking number until the purchase price has been refunded.
Please note if we supplied promotional items free of charge with the cancelled or returned order, then all promotional items must be returned with the cancelled order items in order to qualify for a full refund.
For more information on refunds including our right to make deductions in certain circumstances please see paragraph 11
11. DAMAGED OR FAULTY PRODUCTS
If what you have bought is faulty, on arrival or misdescribed (minor variations do not count, see paragraph 4 above), please contact us as soon as possible using our contact details set out above at paragraph 2.
We will inspect the returned products and if we determine that they are faulty or misdescribed we will (at your choice) either replace or repair any faulty products free of charge or, refund you the price of the faulty products and the delivery charges you paid for the products.
You also have the right to terminate the contract where: we have told you about an error in the price or description of the products you have ordered and you do not wish to proceed, or there is a risk that delivery of your products supply of the products may be significantly delayed for more than 30 days beyond the estimated delivery date or where we have done something wrong or failed to do something in breach of the contract between you and us. if you wish to exercise your right to terminate in these circumstances please notify us by e-mailing us at our contact details set out above at paragraph 2. The contract will end as soon as we receive your notification. Refunds (plus postage costs) you have paid for and which have not yet been provided.
12. REFUNDS AND REPLACEMENTS
All returned Products must unworn or unused, undamaged and in their original undamaged packaging to be eligible for a full refund.
If you are returning or cancelling your order in accordance with these terms and conditions, you will receive a full refund of the price you paid for the products including delivery costs except as follows:We are only obliged to refund delivery costs for the least expensive delivery method we offer. Therefore if you chose a more expensive form of delivery when ordering (e.g. special delivery within 2 working days) we will not pay the difference between this method of delivery and our least expensive method of delivery; and we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products if this has been caused by your handling of the products which would not be permitted in a shop. You have a legal obligation to take reasonable care of the products while they are in your possession and are responsible for the risk of damage during transport. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
We will process any refund due to you as soon as possible and, in any case, no later than 14 days after the day we receive the returned products from you; or (if earlier) the day you provide us with evidence that you have returned the products.
All refunds to you will be made by the payment method you used when paying for the order being refunded.
13. LEGAL RIGHTS
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau. Nothing in these Terms and Conditions of Sale (or our Returns and Refunds policy) will affect these legal rights.
If you have any questions or complaints about the products, please contact us using the details set out at paragraph 2
14. OUR RIGHT TO END THE CONTRACT
We may end our contract with you if you break it. For example, where: you do not pay us any sum when due and still do not make payment within 14 days of us reminding you that payment is due, or you seek to order products which you are not eligible to order (for example where the sale is confined geographically or age restricted).
You must compensate us if you break the contract. If we end the contract in the situations set out in above we will refund any money you have paid in advance for products we have not provided but, we may deduct from that refund or charge you, reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the product you have ordered in which case we will we will let you know in advance and will refund any sums you have already paid in advance for that product.
15. OUR LIABILITY
We are responsible for loss or damage you suffer that is a foreseeable result of our breach of any contract with you or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if they were contemplated by you and us at the time we accept your order.
We are only supplying the products to you for domestic and private use. You agree not to use the products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law. Terms implied by law include your right to receive products as described, that match their description and any information we have provided to you, that are of satisfactory quality and fit for any particular purpose made known to us.
16. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions of Sale that is caused by an event outside our control (including (but not limited to) strikes, fire, storm, flood or other natural disaster, epidemics, pandemics, failures in our supply chain, or failure of telecommunications networks or impossibility of the use of transport).
If we are unable to perform our obligations to you as a result of any event outside our control we will contact you as soon as reasonably possible and we will take steps to minimise the effect of any delay. Provided we do this, our obligations to you shall be suspended for the duration of the event outside our control and we will not be liable for any delay caused by the event. If this affects our delivery of products to you, we will arrange a new delivery date with you as soon as we are able to confirm this but if there is a risk of substantial delay you have the option to cancel the affected order and receive a refund for any products you have paid for but not yet received.
17. HOW WE USE YOUR PERSONAL INFORMATION
We will only use your personal information in accordance with our Privacy Notice a copy of which can be viewed here. Please take the time to read this.
18. OTHER IMPORTANT TERMS
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
We may transfer our rights and obligations under any contract with you to another organisation. We will tell you in writing if this happens. You must not transfer any of your rights and obligations under any contract unless we agree.
Each clause of these Terms and Conditions of Sale are separate and if any court or relevant authority decides that any of them are unlawful or unenforceable, the other clauses will remain in full force and effect.
If we do not insist that you perform any of your obligations under these Terms and Conditions of Sale, or where we do not enforce or delay enforcing our rights, that will not mean that we have waived our rights nor that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms and Conditions of Sale are governed by English law and the English courts shall have non-exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these Terms. This means you may bring a claim to enforce your consumer protection rights in connection with these Terms and Conditions of Sale in England or if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, or if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are not happy with how we have handled any complaint, you may want to use alternative dispute resolution but this does not prevent you going to court if you are still not satisfied with the outcome. Alternative dispute resolution which is a process where an independent body considers the facts of a dispute and seeks to resolve it