Terms and Conditions of Sale

1. INFORMATION ABOUT WHO WE ARE AND OUR CONTACT DETAILS

1.1. Our site is operated by Rackhams Retail Limited (“We”, "us, or "our"). We are a company registered in England and Wales under company number 07825308  and with our registered office / warehouse at Unit 2, First Avenue, Minworth, B76 1BA. Our UK VAT number is GB125144250. Our email address is [email protected].

1.2. If we need to contact you, we will do so by writing to you at the e-mail address or postal address you provided to us in your order, unless you have asked us to contact you by any other means. When we use the words “writing” or “written” in these terms, this includes e-mails.

2. THE CONTRACT AND OUR E-CONCESSION PARTNERS

2.1. Where you place an order on our site for a product sold by Rackhams Retail Limited, the Contract for the sale of the Product is between you and Rackhams Retail Limited.

2.2. Where you place an order on our site for a Product sold by a third-party seller (a "E-Concession Partner"), Rackhams Retail Limited acts as the E-Concession Partner disclosed agent and not as principal. This means the Contract for the sale of such Products is made between you and the relevant E-Concession brand, on the terms and conditions set out in this document. Other than concluding sales as a disclosed agent on the E-Concession Partner’s behalf, Rackhams Retail Limited has no responsibility to you in respect of Contracts made with any E-Concession Partner and all references in the remainder of these terms and conditions to "We", "us" or "our" shall be deemed to refer to the relevant E-Concession Partner. The details of the E-Concession Partner will be provided on your order dispatch documentation / confirmation.

3. YOUR LEGAL STATUS

3.1. You can only purchase Products from our site if:

(a) you are legally capable of entering into a legally binding contract with us (for example, in England and Wales you must be at least 18 years old);

(b) you are an authorised user of the credit or debit card used to pay for your order; and

(c) you are resident in a country that we deliver to

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1. Once you have placed your order, you will receive an e-mail from us (Your Order Confirmation) acknowledging that We have received your order and will be processed shortly. Please contact us if you do not receive this e-mail within 4 working hours. Please note this does not mean that your order has been accepted at this stage. All orders are subject to availability and acceptance by us (which We may refuse for any reason).

4.2 Once you have submitted your order, we will immediately contact your bank or card issuer / PayPal for authorisation to take payment from your account. We will not process your order until payment has been received in full. If we accept your order We will confirm this to you by sending you a further e-mail (Your Order has been Despatched) confirming the Product is being processed for dispatch at which point the contract between us ("Contract") will be formed.

4.3. As soon as you place your order, we start to process your order which means you may not be able to change it before delivery, but you may be able to return your Products under clause 9 of these terms and conditions or under our Returns Policy. Please contact us immediately if you do need to change / amend your order. Please see contact us page for details.

4.4. On occasion We may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.

5. DELIVERY

5.1. Your order will be fulfilled as soon as reasonably possible. In any event, delivery will take place no more than 30 after the day your Contract is entered into. days (This is a legal threshold and will always aim to delivery within the time period quoted on the website).

5.2. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in a safe place, after three failed attempts, we may end the Contract and clause 12 will apply.

5.3. Delivery of your order will be complete when We deliver the Products to the address you gave us and the Products will be your responsibility from that time.

5.4. You will own the Products once We have received payment in full.

5.5. The images of the Products on our site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although We have made every effort to display and print the colours of the Products accurately, We cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the Products that will be delivered to you.

5.6. Please note postcode restrictions apply and that orders placed with E-Concession Brands can only be delivered within the UK mainland currently.

5.7. Working Days excludes Saturday / Sunday and Bank Holidays.

5.8. If you wish to dispute delivery of your order, you have 28 days starting from the day that the tracking status for you order is updated by the carrier as fulfilled / delivered (i.e. updated as delivered to the address set out in the Your Order has been Despatched / Your Order Confirmation emails. We reserve the right to request evidence and / or a Signed disclaimer, before issuing any refund of the price paid and/or any associated delivery costs. Rackhams Retail Limited is not liable for any additional costs regarding the supply of your order.

6. PRICE AND PAYMENT

6.1. The price payable for the Products will be as shown on our website in pounds sterling (GBP), although please see clauses 7.4 and 7.5 for what happens if We discover an error in the price of any Product you order. Prices shown / advertised on our site include UK VAT at the relevant rate chargeable but may exclude delivery charges which are payable in addition and shown separately during the checkout process.

6.2. We can change the prices on our site at any time without notice, but changes will not affect orders which We have already accepted. However, if the rate of VAT changes after the date of your order, We will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.

6.3. We accept payment by debit card or credit card. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.

6.4. You must pay for the Products (including all applicable delivery charges), and We will charge the card you have chosen to use to pay for your order once you reach the Your Order Confirmation page and submit your order. We immediately contact your bank or card issuer for authorisation to take payment from your account. If you pay using PayPal, such payment will subject to additional terms between you and PayPal. For more information about how PayPal will handle your personal data see their Privacy Policy at www.paypal.com.

6.5. If we accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, We may end the Contract, refund to you any sums you have paid under the Contract and your required the return of any Products provided to you.

6.6. Your liability to pay for the Product is satisfied once Rackhams Retail Limited has received your payment in full in accordance with clause 6.4 above, irrespective of whether the Product is sold Rackhams Retail Limited or a E-Concession Partner.

7. YOUR RIGHT TO CANCEL THE CONTRACT (UK CUSTOMERS ONLY)

7.1. If you are a consumer in the UK, You have a legal right to cancel a Contract if you change your mind until 14 days after you receive (or someone you nominate receives) the Products, unless the Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last Product ordered under that Contract.

7.2. If you wish to cancel a Contract under clause 7.1, you just need to communicate this to us within the timescale set out in clause 7.1. If you wish to cancel a Contract with Rackhams Retail Limited, the easiest way to do this is to contact us by email at [email protected] or raise a ticket via our contact us page.

7.3. The right to cancel a Contract under clause 7.1 does not apply to any food, cosmetics and pierced jewellery or swimwear and lingerie if the hygiene seal is not in place or has been broken. Please see our Returns Policy / Terms and Conditions for further details and full list of affected products.

7.4. If you cancel a Contract under clause 7.1 after the Products have been dispatched to you, you must return to us. We will arrange a drop off Service for easy return within 14 days of telling us that you wish to cancel the Contract. If you wish to cancel a Contract with Rackhams Retail Limited, we will pay the cost of your returns in accordance with the Returns Policy, but if you do not use this service in accordance with our instructions then you will be responsible for the cost of returning Products to us. Please see our Returns Policy for further information about how to return Products to our E-Concession Partner.

8. YOUR RIGHT FOR A REFUND (UK CUSTOMERS ONLY)

8.1. If you are a consumer in the UK and you cancel your Contract under clause 7.1, We will:

(a) refund you the price you paid for the Products. However, please note that We may reduce your refund to reflect any reduction in the value of the Products, if this has been caused by you handling them in a way which would not be permitted in a store. 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; and

(b) refund any charges you have paid for delivery of the Products to you, although the maximum refund for delivery costs will be the least expensive delivery method We offer to your delivery destination; and

(c) make any refunds due to you by the method you used for payment:

ㅤ(i) 14 days after the day on which We receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us; or

ㅤ(ii) 14 days after you inform us of your decision to cancel the Contract.

8.2. Please see our Returns Policy for more information about returns and refunds.

9. FAULTY PRODUCTS

9.1. If you are a consumer, We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.

9.2. If you consider that any Product We have supplied is faulty or mis-described, please notify us using the contact details set out in clause 7.2.

9.3. If you discover that your Product is faulty after 14 days we reserve the right to request evidence, such as images of the defect, before issuing any refund of the price paid and/or any associated delivery costs.

10. OUR RIGHTS TO CANCEL THE CONTRACT

10.1. We may end the Contract at any time by writing to you if:

(a) you do not make any payment to us when it is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or

(c) you do not, within a reasonable time, allow us to deliver the Products to you.

10.2. We may also end the Contract in the circumstances set out in clause 6.2 or clause 7.5.

10.3. If We end the Contract in any of the situations set out in clause 10.1, We will refund any money you have paid in advance for the Products We have not provided but We may deduct or charge you reasonable compensation for the costs We will incur as a result of you breaking the Contract.

11. OUR LIABILITY

11.1. If We fail to comply with these terms and conditions, We are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and you knew it might happen.

11.2. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, We will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.

11.3. 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 any matter for which We may not exclude or limit our liability under any applicable law.

12. EVENTS OUTSIDE OUR CONTROL

12.1. 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 an Event Outside Our Control. An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control.

12.2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, We will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.

12.3. You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under this clause 12 please contact us using the details set out in clause 7.2.

13. INTELLECTUAL PROPERTY RIGHTS

13.1. All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.

14. OTHER IMPORTANT TERMS

14.1. Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.

14.2. We may change these terms and conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on our site when you place your order. A timestamp log is kept to document any changes made.

14.3. We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the Contract.

14.4. You may only transfer your rights or your obligations under these terms and conditions or the Contract to another person if We agree in writing.

14.5. Where the Contract relates to Products sold by E-Concession Brand, the Contract is between you and the relevant E-Concession Brand. Alternatively, where the Contract relates to Products sold by Rackhams Retail Limited, the Contract is between you and Rackhams Retail Limited. No other person shall have any rights to enforce any of its terms.

14.6. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

14.7. If We fail to insist that you perform any of your obligations under these terms and conditions, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against you and will not mean 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 / email, and that will not mean that We will automatically waive any later default by you.

14.8. Please note that these terms and conditions are governed by English law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.

14.9. In respect of any dispute or claim relating to a Contract, if you are a consumer you and We both submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and We both submit to the exclusive jurisdiction of the courts of England and Wales.

15. AFTER-SALES SERVICE

15.1. Questions, comments, requests or complaints regarding these terms and conditions or any Product supplied under a Contract with Rackhams Retail Limited or an E-Concession Brand this should be addressed to [email protected]

15.2. If you are not satisfied with how We have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Feel free to contact the Financial Ombudsman at

Financial Ombudsman Service, Exchange Tower, London, E14 9SR / Tel : 0300 123 9 123 / [email protected]