Terms & Conditions (App)

Terms & Conditions
SIDEMEN CLOTHING
TERMS & CONDITIONS OF SUPPLY
 1. These terms

    1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or digital content.

    1.2 Why you should read them. Please read these terms carefully before you submit your order. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

    2. Information about us and how to contact us

      2.1 Who we are. We are Sidemen Clothing Limited a company registered in England and Wales, company registration number 09369821 with our registered office at Amelia House, Crescent Road, Worthing, West Sussex, United Kingdom, BN11 1QR.

      2.2 How to contact us. You can contact us by writing to us at support@sidemenclothing.com or via our FAQs.

      2.3 How we may contact you. If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order.

      2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

      3. Our contract with you

      3.1 How we will accept your order. Our acceptance of your order will take place when we email you confirmation of it, when a contract will come into existence between you and us.

      3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

      3.3 Your order number. We will assign an order reference to your order and tell you what it is when we confirm your order. It will help us if you can tell us the order number whenever you contact us about your order.

      3.4 We sell internationally. We sell internationally except as set out via our FAQs. Our website is only intended to be compliant with UK laws and regulations.

      4. Our products

      4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

      4.2 Product packaging may vary. The product packaging may also vary from that shown.

      4.3 Making sure your measurements are accurate. You are responsible for ensuring that the sizing and measurements you give us are correct. You can find sizing information on the website.

      5. Your rights to make changes

      5.1 If you wish to make a change to the product you have ordered please contact us as soon as possible. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).

      6. Our rights to make changes

      6.1 Minor changes to the products. We may change the product:

      (a) to reflect changes in relevant laws and regulatory requirements; and

      (b) to implement minor technical adjustments and improvements, which do not affect your use of the product.

      6.2 Updates to digital content. Where we supply digital content, we may update or require you to update the digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

      7. Providing the products

      7.1 Delivery costs. The costs of delivery will be as displayed to you when you make your order.

      7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.

      7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will try to contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

      7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the delivery company should leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

      7.5 If you do not re-arrange delivery. If after a failed delivery you do not re-arrange delivery or collect from a delivery depot the products may be returned. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

      7.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us. Replacements or refunds will not be provided if orders are shipped to incorrect addresses due to mistakes upon checkout. By opting for your order to be left in a nominated safe place, you will be accepting liability for this shipment. If your order were to be lost or stolen, we would be unable to provide a replacement or refund.

      7.7 When you own goods. You own a product once we have received payment in full.

      7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, the relevant product size, your name, delivery address and billing details. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

      7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

      (a) deal with technical problems or make minor technical changes;

      (b) update the product to reflect changes in relevant laws and regulatory requirements;

      (c) make changes to the product as requested by you or notified by us to you (see clause 6).

      7.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than four weeks, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

      7.11 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within five days of us reminding you that payment is due. 

      8. Your rights to end the contract

      8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

      (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

      (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

      (c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

      (d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.7.

      8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

      (a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6);

      (b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

      (c) there is a risk that supply of the products may be significantly delayed because of events outside our control;

      (d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks; or

      (e) you have a legal right to end the contract because of something we have done wrong.

      8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

       

      8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

      (a) any made to measure or personalised goods;

      (b) digital products after you have started to download or stream these;

      (c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

      (d) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and 

      (e) any products which become mixed inseparably with other items after their delivery.

      8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

      (a) Have you bought goods (for example, t-shirts, hoodies, etc)? If so, you have 30 days after the day you (or someone you nominate) receives the goods, unless:

      (I) Your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

      (II) Your goods are for regular delivery over a set period. In this case you have until 30 days after the day you (or someone you nominate) receives the first delivery of the goods.

      (b) Have you bought digital content for download or streaming? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

      8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

      9. How to end the contract with us (including if you have changed your mind)

      9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

      (a) Email. Customer services at support@sidemenclothing.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

      (b) Online. Complete the form via our FAQs on our website.

      In any event, please use your order number or full name as the 'subject' to ensure that your request can be dealt with as quickly as possible.

      9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us via the address at our FAQs . If you are exercising your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the contract.

      9.3 When we will pay the costs of return. We will pay the costs of return:

      (a) if the products are faulty or misdescribed;

      (b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

      In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. 

      9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

      9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

      9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, in the first instance we encourage you to visit our FAQs because:

      (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

      (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

      9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

      (a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

      (b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

      10. Our rights to end the contract

      10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

      (a) you do not make any payment to us when it is due and you still do not make payment within five days of us reminding you that payment 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, for example, your name, product size, delivery address or billing address;

      (c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or

      (d) you do not, within a reasonable time, allow us access to your premises to supply the services.

      10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

      10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product and will refund any sums you have paid in advance for products which will not be provided.

      11. If there is a problem with the product

      11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact customer services at support@sidemenclothing.com. Alternatively, you can find out more information via the FAQs.

      11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

      Summary of your key legal rights

      This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

      If your product is goods, for example clothing, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

      1. a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
      2. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
      3. c) Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.

      See also clause 8.3.

      1. a) If your product is digital content, for example a mobile phone app, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.
      2. b) If your digital content is faulty, you're entitled to a repair or a replacement.
      3. c) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
      4. d) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

      11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them by post to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact customer services via support@sidemenclothing.com for a return label or you can find out more information via the FAQs.

      12. Price and payment

      12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

      12.2 We will pass on changes in the rate of VAT. 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 before the change in the rate of VAT takes effect.

      12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

      12.4 When you must pay and how you must pay. We accept payment with credit or debit cards or via PayPal. When you must pay depends on what product you are buying:

      (a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

      (b) For digital content, you must pay for the products before you download them.

      12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time.

      13. Our responsibility for loss or damage suffered by you

      13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract 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, for example, if you discussed it with us during the sales process.

      13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987

      13.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

      13.4 If defective digital content which we have supplied causes damage. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

      13.5 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

      14. How we may use your personal information

      14.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy

      14.2 You agree to receiving Sidemen Clothing marketing communication by email. You may opt out at any time.

      15. Other important terms

      15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

      15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 8.4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by contacting customer services via support@sidemenclothing.com.

      15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

      15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

      15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

      15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.