TERMS & CONDITIONS
- www.thecottonlondon.com is a part of The Cotton London Limited, registered in England & Wales, Company No.9943463 .
- Our registered office is 160 Kemp House City Road London EC1V2NX
- Our registered VAT number is GB252859478.
The Cotton London total liability for any claim, however it arises, will not exceed the price of the goods supplied by The Cotton to the customer, together with any postage costs incurred. The Cotton will not be liable for any resulting customer loss, whether this arises from a breach of duty in contract or in any other way.
The Cotton cannot accept any liability for a failure to comply with specific instructions stated in a catalogue or on the website. This statement does not affect customers’ statutory rights.
The terms do not affect your statutory rights.
WHAT YOU AGREE TO
- Your contract for purchases made through www.thecottonlondon.com is with The Cotton London Ltd, and all goods ordered by you are for your own private and domestic use only and are not for resale.
- You must be eighteen years old or older. If you are under eighteen, you may only use this website with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this website.
- All details you provide to The Cotton London for the purpose of ordering or purchasing goods must be true, accurate, current and complete in all respects; and the credit or debit card you are using must be your own and there must be sufficient funds in your account to cover payment of the product(s) ordered.
- You agree that email can be used as a long-distance means of communication.
CHOOSING A USERNAME AND PASSWORD
During the registration process, you must choose a username and password.
- You are responsible for all actions taken under that username and password and must only purchase from thecottonlondon.com under your own username and password.
- You must make every effort to keep your password safe and should not disclose it to anyone. If you think someone else might know it, you must change it.
- You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
If there are any changes to the details supplied by you it is your responsibility to inform thecottonlondon.com as soon as possible.
NOT COMMITTING FRAUD
You will not use a false name or a known invalid credit card to order. This is a crime, and anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law. Thecottonlondon.com tracks the electronic ‘fingerprints’ of every order placed on thecottonlondon.com to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on or using our website.
OUR RIGHT TO ENDOUR AGREEMENT WITH YOU
The Cotton London Ltd reserve the right to end our agreement with you and to suspend or terminate your access to the website immediately and without notice to you:
- if you fail to make payment to us when due
- if you breach any of our terms and conditions
- if, when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity
- if we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on thecottonlondon.com
This website www.thecottonlondon.com (the "Website") is being made available to you free-of-charge. The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Website. The terms "thecottonlondon.com" “the-cotton.com”, "we", "us", and "our" refer to the-cotton.com, Ltd., its affiliates and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you will have your access cancelled and you may be permanently banned from accessing, viewing, browsing and using the Website. Your accessing, viewing, browsing and/or using the Website after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.
Entering the Website will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Website.
We do not discriminate on the basis of age, background, race, national origin, gender, sexual orientation or religion.
You acknowledge that the website contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Web content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All web content is copyrighted as a collective work under the United Kingdom copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such web content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the web content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the web content, provided that the copies are made only for your personal use and that you maintain any notices contained in the web content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the United Kingdom copyright laws, your legal rights in relation to "fair dealing" under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way web content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the website should be construed as granting, by implication or otherwise, any license or right to use the website or any other information displayed on the website, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by this Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
www.thecottonlondon.com and other marks which may or may not be designated on the Website by a "®"‚ "TM"‚ or other similar designation, are registered, pending or unregistered trademarks or service marks of www.thecottonlondon.com, in the United Kingdom and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade logos of thecottonlondon.com. thecottonlondon.com trademarks may not be used in connection with any product or service that is not thecottonlondon.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits thecottonlondon.com. All other trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by thecottonlondon.com.
You may not download (other than page caching) or modify the website or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the website and/or its Web content. Any collection and use of any product listings, descriptions, or prices or any derivative use or making adaptations of the website or its web content; any downloading or copying of account information for the benefit of another merchant and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The website or any portion of the website may not be reproduced, duplicated, copied, sold, resold, website, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Thecottonlondon.com or its Partners without our express, prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.
If you use the our website, you are responsible for maintaining the confidentiality of the information you submit through "My Account" and the corresponding password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under "My Account" or password. We reserve the right to refuse service, terminate accounts and to remove or edit web content submitted by you in the "My Account" area of the Website.
The United Kingdom export control laws regulate the export and re-export of technology originating in the United Kingdom. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
We are not responsible for the web content of any websites that may be linked to or from the Website or any bulletin board associated with us or the Website. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Website are independent from us, and we have no control over the web content of that other website. In addition, a link to any other web website does not imply that we endorse or accept any responsibility for the web content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The Website is provided on an "AS IS," "as available" basis. Neither thecottonlondon.com, nor its partners warrant that use of the website will be uninterrupted or error-free. neither thecottonlondon.com, nor its partners warrant the accuracy, integrity, or completeness of the web web content provided on the website or the products or services offered for sale on the website. Further, thecottonlondon.com makes no representation that web web content provided on the website is applicable or appropriate for use in locations outside of the United Kingdom. thecottonlondon.com specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by thecottonlondon.com or its Partners shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Website is at your sole risk.
Under no circumstances shall thecottonlondon.com or its partners be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the website, including but not limited to reliance by a user on any information obtained at the website, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to thecottonlondon.com records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of Thecottonlondon.com has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all web web content, merchandise and services available through the website.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Website, please refer to the manufacturer or partners for details.
The products on our Website are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
You agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Web content provided by you (e.g., through an author chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Web content from the Website. We may disclose any Web content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of Thecottonlondon.com, its Partners, our users and customers and/or you.
We reserve the right to prohibit conduct, communication, or Web content that we deem in our sole discretion to be unlawful or harmful to you, the Website, Website users, our customers or any rights of thecottonlondon.com or any third party. Notwithstanding the foregoing, neither Thecottonlondon.com nor its Partners can ensure prompt removal of questionable Web content after online posting. Accordingly, neither Thecottonlondon.com, nor its Partners assume any liability for any action or inaction with respect to conduct, communication, or Web content on the Website.
CANCELLING AN ORDER, RETURNS & EXCHANGES
- If you haven’t submitted an order, you may clear a product in your shopping basket at any time by clicking the ‘Remove’ button next to it.
- If you have submitted your order and received a confirmation email from thecottonlondon.com, you can still cancel your order within 24 hours of the order being placed. Please email your cancellation marked ‘URGENT CANCELLATION’ to the Customer Service team and list your name, address, product ordered and order code on the email.
- If you wish to cancel your order more than 24 hours of the order being placed, you will need to wait until you receive the product and then follow our Returns procedure. You’ll find more information about this in our Delivery and Returns page.
- Once we’ve heard from you that you wish to cancel an order, any sum debited to us from your credit or debit card will be re-credited to that credit or debit account within 30 days of your order, provided the goods you return are in the same condition that they were when delivered to you. You will be liable for any charges incurred when returning the goods to thecottonlondon.com, unless the return is as a result of an error on our side.
- Due to the high volume of orders during Sale times, it may not be possible for us to make amendments to your purchases once they have been ordered.
You may return most items sold by thecottonlondon.com within 1 months from the date of dispatch for a full refund. For more information, please see our Delivery and Returns page.
We are happy to exchange for the same item most products that are damaged, faulty or incorrectly shipped, through any circumstance that is in our error within 3 months from the date of dispatch. For more information, please see our Delivery and Returns page.
TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Partners, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
USAGE BY MINORS
This Website is not intended for or directed to persons who are minors (typically persons under the age of 12, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Website, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Website, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Website.
If you access the Website from within the United Kingdom, any dispute relating in any way to your visit to the Website, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Website shall be submitted to confidential arbitration in UK, except that, to the extent you have in any manner violated or threatened to violate thecottonlondon.com intellectual property rights, thecottonlondon.com may seek injunctive or other appropriate relief in any state or court in the UK and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the British Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
WEBSITE POLICIES, AND MODIFICATIONS
Please review our other policies, such as our Privacy and Security Policy, Returns Policy, Shipping & Delivery Policy and others, all of which are incorporated herein by this reference and are posted on the Website. These policies also govern your visit to the Website. We reserve the right to make changes to the Website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
HOW TO ORDER THROUGH THE WEBSITE
After placing an order, you will receive an email from us acknowledging that we have received your order ("Order Confirmation"). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the "Shipping Confirmation"). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider's inventory.
thecottonlondon.com accepts most major credit/debit cards and Paypal Payment.
All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
- You may exchange The Cotton Online Gift Vouchers, to the value indicated, wholly or partly for items listed on www.thecottonlondon.com.
- Thecottonlondon.com Online Gift Vouchers and any unused balances expire one year from date of purchase.
- Online Gift Vouchers may not be exchanged for cash.
- Any unused balance will be available to spend on future orders.
- If your order exceeds the face value of the Online Gift Voucher the balance must be paid for by other means.
- If you return an item purchased with an Online Gift Voucher, we will credit your account with the value of the item. No cash refund will be given.
- You cannot use an Online Gift Voucher to purchase a further Online Gift Voucher.
- We are unable to re-issue lost, stolen or damaged Online Gift Vouchers.
- Our normal terms and conditions of purchase (as varied by these T&C’s), apply to items purchased with an Online Gift Voucher.
PRICES AND AVAILABILITY OF PRODUCTS
Prices and availability of products on the Website are subject to change without notice. Errors will be corrected when discovered. Our Website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider's inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several components parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavour to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has shipped, marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
RISK OF LOSS
All items purchased from thecottonlondon.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
Your order will be fulfilled by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Shipping Confirmation, which could in exceptional circumstances be longer than 30 days.
DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY
To all international customers only, we warrant to you that, where you buy a product as a consumer, any product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will conform with description or sample.
Our liability for losses any international customer suffers as a result of us breaking these Terms and Conditions or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could reasonably be contemplated by the parties at the time your order is accepted by us.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
Other than the warranties and other assurances we give you in these Terms and Conditions, Thecottonlondon.com specifically disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by Thecottonlondon.com shall create a warranty (unless made fraudulently).
The Conditions will be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
If you access the Website from anywhere other than the United Kingdom, you agree that British law will govern these Terms and Conditions and the purchase of products by you through the Website and that any dispute of any sort that might arise between you and thecottonlondon.com or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.
These Terms and Conditions were last revised and made effective as of February 2, 2017