Welcome to Orphic London. Thanks for visiting our webshop.
Please read the following important terms and conditions before you buy any item of women’s clothing on our webshop.
These terms set out:
- legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In these terms:
- We, us or our means Orphic London trading as Orphic London, of Kemp House 152 – 160 City Road, London, EC1V 2NX; and
- You or your means the person using our webshop to buy items of women’s clothing from us.
If you don’t understand any of these terms and want to ask us about them, please contact us by email to firstname.lastname@example.org or by means of the Contact Us page of our webshop.
1.1 If you buy clothing on our webshop you agree to be legally bound by this contract.
1.2 You may only buy clothing from our webshop for non-business reasons. You may only purchase items from our webshop if you are a consumer. You may not purchase items in the course of any business or for the purposes of resale.
1.3 This contract is only available in English. No other languages will apply to this contract.
2 Ordering items from us
2.1 This section sets out how a legally binding contract between you and us is made.
2.2 You place an order on our webshop by means of our checkout process. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
2.2.1 When you place your order at the end of the online order and Pay process (when you click on the payment button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
2.2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the items are unavailable;
(b) we cannot authorise your payment;
(c) we are unable to ship the items to you;
(d) you have ordered too many items; or
(e) there has been a mistake on the pricing or description of the items.
2.2.3 We will only accept your order when we email you to confirm this (Shipment Email). At this point:
(a) a legally binding contract will be in place between you and us; and
(b) we will dispatch the items to you.
2.3 If you are under the age of 18 you may not buy any items from our webshop.
3 Right to cancel this contract
3.1 If you are a consumer in the United Kingdom or European Union, you have the right to cancel this contract within 14 days without giving any reason.
3.2 The cancellation period will expire after 14 days from the day of receipt of the items.
3.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement by email. You can use the model cancellation form set out in the box below, but it is not obligatory.
To Orphic London Ltd:
I hereby give notice that I cancel my contract of sale of the following items:
[insert details of items],
ordered on [insert date of order],
Name of consumer(s),
Address of consumer(s),
3.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
4 Effects of cancellation
4.1 If you cancel this contract under your right of cancellation as a consumer in the UK or EU, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), except as set out below.
4.2 We may make a deduction from the reimbursement for loss in value of any items supplied, if the loss is the result of unnecessary handling by you – you should return the items in unused and otherwise re-saleable condition. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the items, if this has been caused by your handling them in a way which would not be permitted in a shop. For example, you should ensure that you do not wear the items for any purpose other than trying them on, and should not remove any tags or labels from the garments. Products must be returned in their original condition and packaged securely in the original packaging. Please note, that the refund amount can be affected if the value of the item is deteriorated because we will be unable to resell items where:
4.2.1 you have actually started wearing the item, or it is worn or damaged;
4.2.2 the original tags and labels are not attached
4.2.3 it has been damaged or soiled (for example by fake tan, deodorant, perfume or make-up) while you had the responsibility for it; or
4.2.4 You have handled the item in a way that is deemed above what is necessary for you to determine its quality and fit.
4.3 We will make the reimbursement without undue delay, and not later than:
4.3.1 14 days after the day we received back from you any items supplied (please bear in mind that depending on the shipping method you choose, it may take up to 21 days for us to receive the returned items), or
4.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the items, or
4.3.3 if there were no items supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
4.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
4.5 We recommend that you use a method of ‘signed for’, registered or recorded delivery service to return the items, and that you retain the dispatch note in respect of your instruction to the delivery service.
4.6 If you have received items:
4.6.1 you shall send back the items without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us.
4.6.2 you will have to bear the cost of returning the items.
4.7 You can cancel the order as a whole or in respect of individual items. If you cancel the order in respect of only some of the items, and you paid a delivery charge, your delivery charge will not be refunded, as our delivery charges remain applicable to the one or more items you are keeping.
4.8 If you have returned the items to us because they are faulty or mis-described, we will refund the price of the items in full, together with delivery charges, and any reasonable costs you incur in returning the item to us.
4.9 We will refund you by means of the method used by you to pay. If you used vouchers to pay for the item we may refund you in vouchers. If you use a discount code to reduce the price of an item, we will only refund you the discounted price you actually paid.
4.10 To be clear, cancellation and return of items added to orders for no extra charge (such as free gifts under a promotional campaign) will not attract any refund.
4.11 Because you are a consumer, we are under a legal duty to supply items that are in conformity with the order. As a consumer, you have legal rights in relation to items that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms.
5.1 We may at our discretion permit exchanges of items where an incorrect size has been ordered, as set out in our ‘Exchanges’ section on our website. Any agreed exchange may only be made for items not exceeding the price of the item initially ordered. Please contact us at email@example.com to confirm whether we will agree to an exchange.
5.2 You will be responsible for the cost of shipping the item back to us for exchange.
5.3 If there is a difference between the price of the item initially ordered and the price of the replacement item, in the event that we agree an exchange, we will credit your payment card for the difference within 10 working days of dispatching the replacement item.
6 Delivery and customs
6.1 We use independent contractors (including DPD and Royal Mail) to deliver our items. Delivery charges will be specified to you in the order process on our webshop.
6.2 Every effort will be made to deliver the items in accordance with the delivery option selected at the checkout page of our webshop, as soon as possible after your order has been accepted, and in any event within 30 days of your order. If we are unable to deliver the items within 30 days of your order, we will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or credit for any sum that has been paid by you or debited from your credit card for the items. We will not be liable for any loss or damage suffered by you through any delay in delivery.
6.3 If something happens which:
6.3.1 is outside of our control, and
6.3.2 affects the estimated date of delivery
we will let you have a revised estimated date for delivery of the items.
6.4 Delivery of the items will take place when we deliver them to the address that you gave to us. We always require a signature to evidence that delivery has occurred at the address.
6.5 Where the items are for delivery from the United Kingdom, you will be responsible for complying with any legislation or regulations governing the importation of the items into the country of destination and for the payment of any taxes or duties on them.
6.6 Unless you and we agree otherwise, if we cannot deliver your items within 30 days, we will:
6.6.1 let you know;
6.6.2 cancel your order; and
6.6.3 give you a refund.
6.7 We use signed for delivery. If nobody is available to take delivery, a card will be left where you can arrange re-delivery on to collect from the local depot.
6.8 You will not refuse any delivery. Refused deliveries will incur the cost of original delivery plus the return cost. Any refund made will be minus the total delivery and return cost in the case of refused delivery.
6.9 You are responsible for the items when delivery has taken place. In other words, the risk in the items passes to you when you take possession of the items.
6.10 We may deliver your items in instalments.
6.11 More information regarding deliveries is set out in our ‘UK Delivery’ and ‘International Delivery’ pages of our website.
7.1 We will do all that we reasonably can to ensure that all of the information you give us when paying for the items is secure by using Stripe, an encrypted secure payment mechanism. Unless we are negligent, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
7.2 Your credit card or debit card will be charged when you click on the payment button during the payment process.
7.3 If your payment is not received by us and you have already received the items, you:
7.3.1 must pay for such items within 7 days, or
7.3.2 must return them to us as soon as possible. If so, you must keep the items in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the items) and not use them before you return them to us.
7.4 If you do not return any item (such as where you have not paid for it) we may collect the item from you at your expense. We will try to contact you to let you know if we intend to do this.
7.5 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 3 and 4.
7.6 The price of the items:
7.6.1 is in pounds sterling (£)(GBP);
7.6.2 includes VAT at the applicable rate; and
7.6.3 does not include the cost of delivering the items which we will agree with you at the time you place your order.
7.7 We do not store payment card details.
8 Nature of the items
8.1 Consumer laws in the UK and Europe give you certain legal rights (also known as ‘statutory rights’), for example, the items must:
8.1.1 Be of satisfactory quality;
8.1.2 be fit for purpose; and
8.1.3 match their description.
8.2 We must provide you with items that comply with your legal rights.
8.3 The packaging of the items may be different from that shown on our webshop.
8.4 Our items are made in limited runs which involves some production by hand. Therefore, it may be that there are minor differences between pieces produced. While we try to make sure that:
8.4.1 All sizes and measurements set out on our webshop are as accurate as possible, there may be a small tolerance of up to 3% in dimensions; and
8.4.2 the colours of our items and their packaging are displayed accurately on our webshop, the actual colours that you see on your computer may vary depending on the monitor that you use;
8.4.3 the grain, pattern and colours of our items are as uniform as possible, they may vary moderately from item to item;
8.5 Our policy is to improve our items continually, and so we reserve the right to make minor technical changes to the specification of the items without affecting their function, quality or price.
9 Faulty items
9.1 We are under a legal duty to deliver items to you which are in accordance with the contract created by our acceptance of your order. Your legal rights under consumer laws (also known as ‘statutory rights’) are unaffected by these terms.
9.2 Please contact us using the contact page on our website if you consider any item to be faulty.
10 End of the contract
10.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
11 Limit on our responsibility to you
11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
11.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed, and
(b) that were not caused by any breach on our part;
11.1.2 business losses; and
11.1.3 losses to non-consumers.
12.1 We will try to resolve any disputes with you quickly and efficiently.
12.2 If you are unhappy with:
12.2.1 the items;
12.2.2 our service to you; or
12.2.3 any other matter
please contact us as soon as possible.
12.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you
12.4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this contract.
12.5 Relevant United Kingdom law will apply to this contract. If you are resident outside the United Kingdom, you will continue to benefit from any mandatory provisions of the law of the country in which you are resident.
12.6 No one other than a party to this contract has any right to enforce any term of this contract.