Unstated

www.theunstated.com (the “Website”) is operated by The Unstated Ltd (“we”, “us” and “our”). This is a limited company registered in England and Wales with company number 09815786 and VAT number 232925120. Our registered office is 332 Ladbroke Grove, London, England, W10 5AD.

These Terms & Conditions (“T&Cs”) govern your use of our Website and set out the legal terms and conditions on which we sell any of the products ("Products") listed on our Website to you. By visiting our Website and/or purchasing any of Products from us, you engage in our “Service”, accept these T&Cs and agree that you use our Website at your sole risk. Please read the T&Cs carefully before you submit your order to us.

Any new features or tools which are added to the current Website shall also be subject to these T&Cs. You can review the most current version of the T&Cs at any time on this page. We reserve the right to update, change or replace any part of these T&Cs by posting updates and/or changes to our Website to reflect changes to our business or changes in the law. Where these changes are significant we will e-mail all of our registered users to make sure that they are informed of such changes. However, it is your responsibility to check these T&Cs before each purchase and use of the Website. The T&Cs in force at the date of each Product order will apply.

Please note that any changes to these T&Cs will not affect any order you have already placed with us.

Our Website is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our Products and provide our Services to you.

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Website and is compatible with the Website.

We may, from time to time, restrict access to certain features, parts or content of the Website, or the entire Website, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware.

We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these T&Cs or if any details you provide for the purposes of registering as a user prove to be false.

Our Website may include links to other websites or resources. Please note that third-party links are not affiliated with us and we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.

All content, including but not limited to logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music and software, and any combination of these of the Website is either owned or licensed to us, and is protected by applicable intellectual property laws around the world. All such rights are reserved. Please note that nothing in these T&Cs shall serve to transfer any title in, or to grant you any licence to use, any intellectual property inherent in our Website and/or our trade marks or copyright more generally You may not use, copy, reproduce and/or change any of the intellectual property rights which feature on our Website.

Also, you may not use the Website for any illegal purpose or in any way that: (i) causes damage or harm to us, the Website, or any other user; (ii) breaches any applicable local, national or international law or regulation; (iii) is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (iv) transmits, or procures the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or (v) knowingly transmits any data, sends or uploads any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Please be aware that you must not access without authority, modify, interfere, damage or disrupt our Website; any equipment or network used in the provision of the Service; any software used in the provision of the Service; or any equipment or network or software owned or used by a third party. You are responsible for compliance with local law and regulation when accessing the Website.

By placing an order through our Website for a Product, you understand that your order is an offer to purchase the Product(s) listed in your order and you agree to engage in a contract with us. By clicking the ‘Pay Now’ button on our Website, you enter into an obligation to pay for the Product(s).

Products can be ordered by clicking on the Products you wish to purchase and then following the prompts that will appear on the screen. Please make sure to check and correct any input errors in your order up until the point at which you submit your order to us by clicking on the ‘Pay Now’ button.

After placing an order for a Product, we will send you an order confirmation email containing an order reference number without delay, but no later than within forty-eight (48) hours from the time of the order. Please note that the confirmation email does not mean acceptance of the order, it is only a confirmation that we have received your order. Your order constitutes an offer to buy a product and is subject to an acceptance. All orders are subject to availability and we reserve the right not to accept your order in our discretion without any liability to you. Examples of reasons for your order being refused are as follows: we have been unable to attain authorisation for the payment; the Product is out of stock or the Product has been withdrawn.

Acceptance of your order is completed when you receive a despatch confirmation email confirming that the Products have been shipped to you.

Please note that any Products added to your basket are not reserved for you until you complete the order by clicking on the ‘Pay Now’ button.

Our Website provides names, descriptions and photos of the Products. Whilst we do our utmost to ensure that Products are pictured as accurately as possible, please note that there can be a slight difference between the photo and the Product itself. We shall not be liable for the differences between the photo on our Website and the real appearance of the Product.

The prices of Products are as quoted on our Website. These prices include VAT (or the local equivalent sales tax) but not the delivery costs, which will be added to the basket amount after you have specified your delivery address and have chosen the delivery method.

Charges on your bank statement will appear as London Aussie Ltd.

We reserve the right to change the prices and delivery costs at any time, but changes will not affect any orders in respect of which we have already sent you a despatch confirmation.

In the event of the purchase price being incorrectly indicated on our Website, for example, if an incorrectly low purchase price is indicated caused by a system malfunction, we reserve the right not to accept your order and will not deliver the product at such incorrect purchase price. We will contact you to offer to deliver the product at a correct purchase price, or give you the opportunity to withdraw your order regarding the product in question.

We are a UK entity. Depending on the jurisdiction from which you access our Website, prices and charges will be displayed in UK Pounds Sterling, US Dollars, or Euros and will include value added tax (or the local equivalent sales tax) at the prevailing rate. If your debit/credit card is not denominated in UK Pounds Sterling, US Dollars or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. Your card issuer may apply other international bank charges. Please note that we have no control over this and we cannot predict the amount of these charges. We recommend contacting your issuing bank before placing an order with us if this applies to you.

Full payment is required at the time the order is placed. We accept payment by most major credit cards and PayPal and the payment for all orders must be made on the checkout page. Your use of any payment services to purchase Products will be subject to the terms and conditions of the applicable payment processor.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transaction and contact you as needed. You expressly agree that we are not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases.

We will only give your personal information to third parties where the law either requires or allows us to do so.

When you place an order the estimated delivery date will be set out to you in an e-mail from us confirming acceptance of your order. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.

Your order will be delivered to the delivery address you specify when placing the order. Should you be located in a geographically remote area where we are unable to deliver your order, we will notify you about this before your order is accepted. We reserve the right not to deliver to any country that is prohibited by applicable export laws. If you would like to check whether we can deliver to your location prior to placing an order, please contact us at info@theunstated.com.

Deliveries are made by a trusted courier and take place on Monday to Saturday, excluding bank and public holidays, usually within the hours of 8am and 5pm (or other normal working week days in the destination country). Please note that the courier will require a signature for the delivery and we are unable to specify an exact time at which the delivery will take place.

All international deliveries are subject to inspections by the customs authorities and may be subject to import duties and taxes which are collected when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. We take no control in these charges and we recommend contacting your local customs office for further information prior to placing an order from our Website. Should you return a Product, the import duties will only be refunded if they were included in the original purchase price.

TOSHI Try Before You Buy

We’ve partnered with TOSHI to deliver your item(s) by a personal stylist to your door. They can advise, adjust, handle returns and take payments for any items you want to keep.

This will only be available for orders delivering to an address within London zones 1-3.

If you are resident in the European Union, then you have the right to cancel and return purchases made on our Website within 14 days of the delivery of the Product(s) for a full refund for any reason. Please note that in order for a refund of your return to be issued in full, you must return the Products in the same condition you received them; meaning that the returned Products are unworn, unwashed, undamaged and they still have all original tags on.

Please note that, we are unable to accept returns of personalised Products or Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.

Please note that you will be responsible for covering the return shipping costs. Original shipping costs are refundable only if the Product arrived faulty. We recommend you obtain a proof of postage and use a trackable shipping service or purchase shipping insurance.

If you fail to return the Products in a condition which complies with the above obligations, we reserve the right to deduct from the refund an amount to reflect the diminished value of the Product(s) up to the full price of the Product(s).

The return will be processed within 10 days of us receiving the returned Product(s). Subject to the Product(s) being in the condition explained above, the refund will be issued to the original method of your payment (debit/credit card or PayPal), unless agreed otherwise. Some returns may take up to 28 days to be processed.

Please note that we reserve the right, in certain jurisdictions, to delay the granting of refunds during certain periods of the year at which we experience particularly high demand. Where this is the case it will be noted on our Website.

To request a refund, please follow the instructions set out in Returns & Exchanges.

Products are only considered faulty if they arrive damaged. Products that get damaged as a result of normal wear and tear are not considered faulty. Should you have any concerns about the condition of the Products received, please send us pictures and a description of the fault to info@theunstated.com as soon as possible.

If your Product is faulty or not as described, you have a right to cancel your order and get the Product replaced or a full refund. The cancellation period starts from the date of the e-mail from us to you confirming your order and ends 30 days after the day you actually receive the Product. If you want to cancel these T&Cs between us, you must do so by notifying us of your decision during the cancellation period.

Alternatively, if your Product is faulty or not as described and a period of more than 30 days has elapsed, then you are entitled to request a replacement or a repair. If your Products cannot be repaired or replaced by us then you are entitled to request a refund within six months from the date that you received the Product. Products returned in this way should have their original tags attached, and we reserve the right to reject refund requests which relate to Products which have been damaged by customers while being worn.

If you are entitled to receive a refund in this way and you are a customer located in the European Union then you will also receive a full refund of the price you paid for the Products and any standard delivery charges that you paid for them (which excludes the cost of any expedited or special delivery).

We will process your refund as soon as possible after receiving the returned faulty product from you and confirming the reported fault and, in any case, within 28 calendar days of the day of receiving it and making that confirmation.

Please note that we reserve the right, in certain jurisdictions, to delay the granting of refunds during certain periods of the year at which we experience particularly high demand. Where this is the case it will be noted on our Website.

To request a refund, please follow the instructions set out in Returns & Exchanges

Where these T&Cs refer to ‘personal information’ it is referring to personal data about you (or other living people) from which you could be identified. When you supply any personal data to us we have legal obligations towards you in the way we use that data. We must collect the data fairly and explain to you how we will use it.

For information on how we process any personal data that we collect from you, or that you provide to us and we protect such data, please see our Privacy Policy. It is important that you read our Privacy Policy together with our Cookies Policy and any other privacy notice or fair processing notice that we may provide at or around the time that we collect or process personal data about you so that you are fully aware of how and why we are using that data.

If we fail to comply with these T&Cs, we are responsible for loss or damage you suffer that we could have foreseen because the loss or damage was an obvious consequence of our failure to comply with these T&Cs or our negligence or if they were contemplated by you and us at the time we entered into the contract. We are not responsible for any loss or damage that we could not have foreseen.

This Website is for consumer purchases only. We shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We also expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these T&Cs.

We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; or fraud or fraudulent misrepresentation; or any other liability which may not be limited or excluded under applicable law. Any statutory warranties to which you are entitled as a consumer (including, for example, that any service is carried out with reasonable skill and care, and any Products provided are of satisfactory quality) are unaffected by these T&Cs.

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 or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, terrorist attack (or threat), war (or threat) or fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

When we refer, in these T&Cs to "in writing", this will include e-mail. If you have any questions or complaints about our Products or Services or these T&Cs, we will do our utmost to resolve them in a friendly and peaceful manner through negotiation. Your questions or complaints can be submitted via email at info@theunstated.com and we shall answer to it in writing within thirty (30) days from receipt.

If we have to contact you we will do so by telephone, or by writing to you at the e-mail address or postal address you provided to us in your order and/or at the time that you registered to use our Website.

We may transfer our rights and obligations under a contract with you to another organisation, but this will not affect your rights or our obligations under these T&Cs.

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these T&Cs 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.

These T&Cs are governed by English law. As a consumer, you have the right to start legal proceedings in the country in which you are resident in.