Terms and Conditions of Service/Subscription
Please read the following important terms and conditions of service/subscription (the “Terms”) before you Subscribe to our Service. Any use of our Services, including your use of our Website shall be subject to the following Terms.
These Terms set out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In these Terms:“Account” means the account, referred to in condition 4, that you must setup with us to Subscribe to our Services;“Customer” means a customer of ours who is a consumer and who signs up to Subscribe to our Services for as long as they remain a Subscriber, as provided by these Terms;“Goods” means the pre-worn, second-hand, vintage clothing items and accessories supplied to you;“Intellectual Property Rights” means any and all copyright, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, utility models, domain names and all similar rights and, in each case: (a) whether registered or not; (b) including any applications to protect or register such rights, (c) including all renewals and extensions of such rights or applications, (d) whether vested, contingent or future, and (e) wherever existing;“Price” means the price to be paid by you for the Goods;“Registration Page” means the registration page that we provide to you online to sign up to become a Subscriber;“Regulations” means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;“Services” means the styling services and associated services we provide to you as part of your Subscription including the provision of a Style Box at monthly, three-monthly or six-monthly intervals (as selected by you);“Style Box” means the box containing the Goods that have been selected by us for each Customer;“Style Quiz” means the quiz offered by us in order to find out information from you and your preferences in relation to you and your style;“Subscription” means each of the subscriptions for the Services offered to you by us, details of which are set out on the Website and “Subscribe” and “Subscriber” shall mean the same/shall be interpreted accordingly;“Subscription Fee” means the fees payable by you to Subscribe to our Services which includes our fees for styling and selecting the Goods;“we”, “us” or “our” means THE CIRCLE OF STYLE LIMITED, (company number: 12767249), whose registered office is at: 85 Great Portland Street, London WIW 7LT; and“Website” means our website accessible from: https://thecircleofstyle.com/.
DO YOU NEED EXTRA HELP? If you would like these Terms in another format (for example: audio, large print, braille) please contact us by email: firstname.lastname@example.org. If you don’t understand any of this contract and want to talk to us about it, please contact us by email: email@example.com. WHO ARE WE? We are THE CIRCLE OF STYLE LIMITED, a company registered in England and Wales under company number: 12767249, whose registered office is at: 85 Great Portland Street, London WIW 7LT
WHO ARE WE? We are THE CIRCLE OF STYLE LIMITED, a company registered in England and Wales under company number: 12767249, whose registered office is at: 85 Great Portland Street, London WIW 7LT.
3 HOW THE CONTRACT IS FORMED 3.1 Below, we set out how a legally binding contract between us and our Customers is formed. 3.2 You Subscribe for our Services by clicking the “Subscribe” button in your Account. You will then be asked to add your delivery address and payment card details in the Registration Page. 3.3 After completing the Registration Page, you are provided with the opportunity to view and read these Terms. If you accept the Terms and are happy to proceed to become a Subscriber, you should check the box to confirm that you accept and consent to the Terms. 3.4 Our payment processing provider or third-party service provider may run some verification checks on your details before we accept your Subscription. These checks may include verifying your address and checking for potential fraud. 3.5 We will only accept a Customer’s Subscription when we email you to confirm this (“Confirmation Email”). At this point: 3.5.1 a legally binding contract will be in place between you and us; and 3.5.2 we will dispatch the Style Box to you, in accordance with your preferred Subscription settings. 3.6 If we accept your Subscription, a Subscription Fee will be charged against your Account for our styling services in accordance with the frequency of Style Boxes you have selected i.e. monthly, three-monthly or six-monthly. The Subscription Fee is not redeemable against the Price of the Goods. 3.7 We may contact you to say that we do not accept your order. This is typically for the following reasons: 3.7.1 we cannot authorise your payment; 3.7.2 you are not permitted to Subscribe for our Services; 3.7.3 you are not permitted to buy the Goods from us; or 3.7.4 there has been a mistake on the pricing or description of the Goods or Services.
4 SUBSCRIBING TO OUR SERVICES 4.1 The Website will guide You through the process of setting up an Account. 4.2 During the process of setting up an Account, you will be required to use your email address as your username and choose a password. We recommend that you choose a strong password for your Account. 4.3 You must not share your Account or your Account details with anyone. If you believe that your Account is being used without your permission, please contact us immediately. We will not be liable for any unauthorised use of your Account. 4.4 You are fully responsible for maintaining the confidentiality of your password and Account information and for all activities that occur under your password or Account. You must ensure that you log out from Your Account at the end of each session. You must immediately notify us of any unauthorised use of your password or Account or any other breach of security relating to your Account. 4.5 You must never use anyone else’s Account without prior authorisation from us. 4.6 When creating an Account, the information You provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date. 4.7 If we have any security concerns about your Account or if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms, we have the right to take reasonable action such as, requesting additional information to authorise transactions on your Account, changing your password or suspending or disabling your Account at any time. 4.8 Once you have created an Account you may take our Style Quiz which is available by clicking the link on our Website. Please read and check your answers carefully before submitting them. However, if you need to correct any errors you can do so before submitting your answers to us. 4.9 We will then invite you to Subscribe to our Services by clicking the “Subscribe” box. 4.10 Once you have Subscribed, we will review your Style Quiz answers and will start to put together a Style Box for you based on your answers. In selecting the Goods for you, we will use all reasonable efforts to follow the results of the Style Quiz and your preferred Price requirements. However, we do not guarantee that all of the Goods will comply with those results/preferences. 4.11 Style Boxes will be sent to you on a one month, three-month or six-month basis, depending on which option you choose. 4.12 If you are under the age of 18 you may not create an Account or Subscribe to our Services.
5 DELIVERY 5.1 We use Royal Mail to deliver our Style Boxes. The estimated date window for delivery of your Style Box will be set out in the Confirmation Email. 5.2 We will let you know by email when the Style Box has been dispatched to you. 5.3 If something happens which: 5.3.1 is outside of our control; and 5.3.2 affects the estimated date of delivery; we will let you have a revised estimated date for delivery of your Style Box. 5.4 Delivery of the Goods will take place when Royal Mail deliver them to the address that you gave to us on the Registration Page. 5.5 If there is no one at your address to receive your Style Box, Royal Mail will either contact you informing you how to rearrange delivery or they will leave you a card with this information. If you do not rearrange delivery, the Style Box may be returned to us and we may charge you for any subsequent delivery costs. If, despite our reasonable efforts, we are unable to rearrange delivery or to contact you, we shall be entitled to end the contract. 5.6 Unless you and we agree otherwise, if we cannot deliver your Style Box within 30 days, we will: 5.6.1 let you know; 5.6.2 cancel your order; and 5.6.3 give you a refund. 5.7 You are responsible and liable for the Goods when delivery has taken place. In other words, the risk in the Goods passes to you when you take possession of the Goods. We remain the owners of the Goods until we have received full payment for the Goods, at which point you will own those Goods. In other words, title in the Goods only passes to you once you have paid for the Goods in full. 5.8 Please inspect the Goods when you receive them and promptly inform us of any issues with or damage to the Goods by email to: firstname.lastname@example.org. 5.9 We do not make deliveries to any addresses outside of the UK.
6 AT-HOME TRY ON OF THE GOODS 6.1 We will send you the Goods in your Style Box that we have selected based on the results of your Style Quiz. Please try on the Goods as soon as possible when received. 6.2 You have a free 7-day home try on period for the Goods which starts from the earlier of: (i) the date the Style Box is delivered to you; (ii) the date of the first attempted delivery; or (iii) the date the Style Box is collected by you from the Collection Centre (the “Home Try-On Period”). 6.3 It is your choice to keep some, all or none of the Goods and payment for the Goods will be taken in accordance with condition 7 below.
7 PRICES AND PAYMENT 7.1 The Prices of the Goods: 7.1.1 are listed in your Account when you log-on to view your order; 7.1.2 are in pounds Sterling (£)(GBP); 7.1.3 include VAT at the applicable rate; and 7.1.4 include the cost of delivery and returns. The Prices do not include any additional costs that we may incur in trying to reclaim any Goods from you which you have kept, not paid for and not returned (including third-party costs). 7.2 We will use reasonable efforts to ensure that the Prices are correct. However, it is always possible that some of the Goods may be incorrectly priced. If the correct Price is higher than the Price stated to you, we will contact you for your instructions before we take payment. If we take payment 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 payments made and require you to return the relevant Goods. 7.3 We will charge your payment method on the expiry of the Home Try-On Period for the full Price of the Goods. If you do not wish to keep some or all of the Goods, you must return them to us (in accordance with our returns procedure in condition 8) on or before the date of expiry of the Home Try-On Period. 7.4 We accept Mastercard, VISA and American Express as payment methods. 7.5 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via: 7.5.1 Verified by Visa 7.5.2 Mastercard®SecureCodeTM; or 7.5.3 American Express SafeKey. 7.6 If your payment is not received by us and you have kept the Goods, we will attempt to take your payment again and if for any reason your payment is declined, we will contact you to make alternative payment and you must pay for the Goods on the date that we contact you requesting payment. 7.7 If you do not return any Goods (such as where you have not paid for them) we may collect the Goods from you at your expense. We will try to contact you to let you know if we intend to do this. 7.8 If we do not receive the appropriate payment for the Goods from you and you have not returned the Goods, we reserve the right to take action to recover the Goods from you and/or seek payment for the Goods, including, but not limited to, instructing a debt collection agency or taking legal action. 7.9 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under conditions 9 and 10.
8 RETURNS 8.1 If you wish to send back any of the Goods in your Style Box, you can reuse the packaging that we provide. Please affix the provided returns label. 8.2 If we have not received the returned Goods from you by the end of the Home Try-On Period, we will assume that you have chosen to keep the Goods and we will charge your payment method for the total Price of those Goods. 8.3 When the Goods are in your possession, you must keep them in your possession, take reasonable care of them and not wear them (with the exception of home try-ons) before you return them to us. 8.4 All returned Goods must be unworn and in the original condition with their labels attached. If a returned item is damaged or shows signs of wear, we may charge you for the Goods.
9 RIGHT TO CANCEL 9.1 You have the right to cancel your Subscription within 14 days of the date of receipt of your Confirmation Email, without giving any reason, unless we have already begun the styling part of the Services. We cannot refund the Subscription Fee where the styling services have already been completed, even if this is within 14 days of your sign-up for Subscription. 9.2 The cancellation period will expire after 14 days from the date on which you receive your Confirmation Email. 9.3 To exercise the right to cancel, you must log-on to your Account, click “Manage Subscription” and cancel your Subscription. 9.4 To meet the cancellation deadline, it is sufficient for you to complete the steps to cancel your subscription in your Account before the cancellation period has expired. 9.5 You may also cancel your Subscription during the course of your Subscription by following the process in your Account. You will not be entitled to the refund of any Subscription Fees, where we have already commenced the styling part of the Services. If, at the date of cancellation of your Subscription, you have any Goods in your possession that you do not wish to keep, you must return those Goods to us immediately otherwise we are entitled to charge you the Prices for the Goods. 9.6 We may cancel your Subscription at any time for any breach of these Terms or for any behaviour that we deem to be inappropriate.
10 EFFECTS OF CANCELLATION 10.1 If you cancel this contract in accordance with the cooling-off period, we will reimburse to you the Subscription Fee. 10.2 We will make the reimbursement without undue delay, and not later than 14 days after the date we receive your cancellation notice. 10.3 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.
11 NATURE OF THE GOODS 11.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the Goods: 11.1.1 are of satisfactory quality; 11.1.2 are fit for purpose; and 11.1.3 match the description. 11.2 We must provide you with Goods that comply with your legal rights. 11.3 The packaging of the Goods may be different from that shown on the site. 11.4 Any Goods sold with any flaws or damages will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
12 FAULTY GOODS 12.1 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law. 12.2 Please contact us using the contact details at the top of this page, if you want: 12.2.1 us to repair the Goods; 12.2.2 us to replace the Goods; 12.2.3 a Price reduction; or 12.2.4 to reject the Goods and get a refund.
13 END OF THE CONTRACT If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
14 INTELLECTUAL PROPERTY RIGHTS 14.1 You acknowledge and agree that any Intellectual Property Rights in connection with providing the Services, in our Website, and in the materials, information and content made available or published on them are owned by or licensed to us (“Our IP”). 14.2 No provision in these Terms grants you any rights in Our IP other than as required in order for you to access and use the Services. You agree not to adjust, to try to circumvent or delete any notices contained on Our IP (including any intellectual property notices) and you must not modify Our IP in any way. Our ownership and our licence of Our IP must be referenced and acknowledged. 14.3 You must not use any part of Our IP for commercial benefit or purposes without obtaining a licence to do so from us or our licensors. If you breach any of these conditions, we will terminate your right to use the Services. 14.4 “The Circle of Style” is our trade mark which is owned by us. You are not permitted to use our trade mark without our express written permission.
15 LIMIT ON OUR RESPONSIBILITY TO YOU 15.1 You acknowledge and agree that your use of the Services and Goods is at your sole risk. We make no warranty that the Services or Goods will meet your requirements 15.2 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any: 15.2.1 losses that: (a) were not foreseeable to you and us when the contract was formed; (b) that were not caused by any breach on our part; 15.2.2 business losses; and 15.2.3 losses to non-consumers. 15.3 We only supply the Goods for your non-commercial, domestic and private use. If you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit (direct or indirect), loss of business, business interruption, or loss of business opportunity. 15.4 Our total liability in connection with the Services and Goods will be the total amount paid by you for the Services and the Goods in the 6 months in which the liability arose. 15.5 If we determine that an issue has been caused by you, including, but not limited to, your provision of incorrect or incomplete information or taking of incorrect action, if additional work is required from us to correct or compensate for a mistake made as a result of your delayed, incomplete or otherwise incorrect information, or due to an omission or action that you have provided or taken or not provided or not taken, we may charge you a reasonable additional sum for that work or for the work of any third-parties who we appoint.
16 INFORMATION AND REGULATIONS 16.1 We are required by the Regulations to ensure that certain information is given or made available to you as a consumer before the contract is formed with you (i.e. before we accept your request to become a Subscriber) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms for you to see now, or we will make it available to you before we accept your request to become a Subscriber. All of that information will, as required by the Regulations, be part of the terms of our contract with you as a consumer. 16.2 As required by the Regulations: 16.2.1 all of the information described in condition 16.1; and 16.2.2 any other information which we give to you about us which you take into account when deciding to become a Subscriber or when making any other decision about the Services; will be part of the terms of our contract with you.
17 EVENTS BEYOND OUR REASONABLE CONTROL 17.1 We will use reasonable endeavours to mitigate any failure or delay to the Services or Goods, by providing alternative arrangements that we will arrange with you directly. Notwithstanding any such mitigating measures, we will not be liable for any failure or delay in performing our obligations under the contract resulting from any cause or event beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or other natural disaster, or any other event that is beyond our reasonable control (“Force Majeure Event”). 17.2 If any Force Majeure Event described under condition 17.1 occurs that is likely to adversely affect our performance of any obligations under the contract, we will try to inform you as soon as is reasonably possible, our obligations will be suspended and any time limits that we are bound by will be extended accordingly. We will inform you when that Force Majeure Event is over and provide details of any new dates, times or availability of the Services or Goods, as necessary.
18 DISPUTE RESOLUTION 18.1 We will try to resolve any disputes with you quickly and efficiently. 18.2 If you are unhappy with: 18.2.1 the Services or the Goods; 18.2.2 our service to you generally; or 18.2.3 any other matter, please contact us as soon as possible. 18.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will: 18.3.1 let you know that we cannot settle the dispute with you; and 18.3.2 we may recommend that we use an online dispute resolution (ODR) platform to resolve the dispute. 18.4 If we have a dispute with you, including but not limited to, in relation to you not returning the Goods or your non-payment for the Goods, we may use ODR to resolve the dispute or instruct other third-parties, such as a debt collection agency to recover the money owed by you.
19 COMPLAINTS 19.1 We always welcome feedback from our Subscribers and, whilst we always use all reasonable endeavours to ensure that your experience as a Subscriber of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. 19.2 If you wish to complain about any aspect of your dealings with us, please contact us by email: email@example.com
20 OTHER IMPORTANT TERMS 20.1 We may transfer (assign) our obligations and rights under these Terms (and under the contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms (and the contract) will not be affected and our obligations under these Terms (and the contract) will be transferred to the third party who will remain bound by them. 20.2 You may not transfer (assign) your obligations and rights under these Terms (and under the contract) without our express written permission. 20.3 The contract is between you and us. No other person shall have any rights to enforce any of its terms. 20.4 If a court or other authority finds that any part(s) of these Terms are unlawful, the remaining parts will remain in full force and effect. 20.5 If we fail to take steps or delay in taking steps to enforce any of our rights against you under these Terms, that will not prevent us doing so at a later date, for example our right to require you to make any payment which has become payable under the contract. 20.6 We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If we change these Terms as they relate to your Subscription, we will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
21 GOVERNING LAW AND JURISDICTION 21.1 These Terms, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales. 21.2 As a consumer you will benefit from any mandatory provisions of the law in your country of residence. Nothing in condition 21.1 above takes away or reduces your rights as a consumer to rely on those provisions.