TERMS & CONDITIONS
By entering this site you agree to abide by the terms and conditions of use thereof. The placement of an order online indicates your acceptance of these Terms & Conditions. Acceptance of Terms & Conditions Please read these Terms & Conditions carefully. By using this Website, you agree to these Terms & Conditions. If you do not agree to these Terms & Conditions, you must exit the Website immediately and discontinue any use of this website and any of their content. Your use of this website shall be deemed to be your agreement to abide by each of the terms set forth below. Revision of these Terms & Conditions Ginger Orange Apparel Limited (“Ginger Orange”, “we”, “us” or “our”) may revise these Terms & Conditions at any time by amending this page or by sending registered users an email notice of the changes. You are expected to check this page from time to time to take notice of any changes Ginger Orange has made, as they are binding on you. Some of the provisions contained in these Terms & Conditions may also be superseded by provisions or notices published elsewhere on our website. If any modification is unacceptable to you, you shall cease using this website. If you do not cease using this website, you will be deemed to have accepted the change. These Terms & Conditions do not alter in any way the terms or conditions of any other agreement you may have with Ginger Orange or its affiliates for other products or services. Use and Restrictions This website may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using this website under applicable laws. Access to this website is permitted on a temporary basis, and Ginger Orange reserves the right to withdraw or amend the service we provide on this website without notice (see below). Ginger Orange will not be liable if for any reason this website is unavailable at any time or for any period. This website is provided solely as a convenience to you for non-commercial use. You may access and use this website only in accordance with all applicable laws and regulations and with these Terms & Conditions. You acknowledge and agree that Ginger Orange, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of this website. You further agree that you will not: (a)resell for commercial purposes products purchased through use of this website; (b)resell or make commercial use of this website or content therein; (c)modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any content; (d)collect or use any product listings or descriptions; (e)use any data mining, robots, or similar data gathering and extraction methods from this website; (f)other than for your use of this website as expressly permitted in these Terms & Conditions, access or attempt to access any systems or servers on which the website are hosted or modify or alter this website in any way; (g)forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content or other information transmitted to or via this website; (h)use, frame or utilise framing techniques to enclose any Ginger Orange trademark, logo or other proprietary information (including the images found at this website, the content of any text or the layout/design of any page or form contained on a page) without Ginger Orange’s express written consent; or (i)use any meta tags or any other “hidden text” utilising a Ginger Orange name, trademark, or product name without Ginger Orange’s express written consent. Any unauthorised use of this website will terminate the permission or license granted by these Terms & Conditions, will result in you being banned from use of this website, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. Use of this Website Outside of the UK Except where otherwise specified on this website, the contents on this website are displayed solely for the purposes of promoting Ginger Orange’s products available within the UK. Making a purchase By submitting your order you are offering to buy goods and allowing us to use your personal details for the purpose of supplying those goods. We will only pass your details onto the people who we may subcontract out to do the delivery or otherwise help us to comply with our obligations under these Terms & Conditions or alternatively we have your permission. All online orders are confirmed by email. We will contact you by email or telephone regarding any delivery delays or payment issues. Offers are valid for the time period stated, and unless specified for single use only. Offers giving discounts are not valid on sale products and cannot be used in conjunction with any other promotion. Order You can submit an order for products by completing the details required on the order summary page and clicking the complete order button. All prices are reflected in £GBP (Pound Sterling) and includes VAT where applicable. Goods supplied are not for resale. Ginger Orange are under no obligation to accept your order, but would normally do so where the product is available, the order reflects current pricing and your credit card/debit card payment is approved by your credit card/debit card company. The display of any product on our website is in no way an offer by us to sell to you. It is your response that is the offer. Accordingly, we are not liable to sell you any product that might be quoted at a price lower than that meant by us. Acceptance of your order The technical steps required to create the Contract between you and us are as follows: Place Order: You place the order for your products on the website by pressing the complete order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website; Order Acknowledgment: We will send you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Ginger Orange; Shipping Confirmation: As your Product is shipped from our warehouse, we will send you a shipping confirmation email; Order Acceptance: Order acceptance and the completion of the Contract between you and us will take place on the dispatch to you of the product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with these Terms & Conditions. The Shipping Confirmation email shall also serve as your order acceptance. Risk of loss and title for the product purchased from the sites passes to you upon delivery of the products to the carrier. If we do not accept your order for any reason or the price of the product has increased between the time of the order and our acceptance of it (or if a supplementary delivery charge applies), we will email you to advise you of the change. You will then need to resubmit your order. Availability We do try to keep the website up to date so that items on the website are in stock. Sometimes items sell out quickly, when this happens we try our best to offer alternatives. Holding items in your basket does not secure stock, once your order has been completed your stock will be allocated. Any dates specified for delivery of goods are approximate and we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay. Ginger Orange makes no representations or warranties that any of the products or services displayed on the website will be available at any time or location. Colours and Packaging The images of the products on our website are for illustrative purposes only. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. Your products may vary slightly from those images. The packaging of the products may vary from that shown on images on our site. Content Although Ginger Orange will do their best to ensure the accuracy of all the information within this web site, we shall not be liable for damages of any kind resulting from the use of this site. Credit Card Security At Ginger Orange, all online purchases take place safely, using the latest internet security technology to protect our customers. We accept orders only from web browsers that can use Secure Socket Layer (SSL) technology – this means you cannot inadvertently place an order through an unsecured connection. Most web browsers now support this. We use Verified by Visa and Mastercard SecureCode on our website to give you added security when you shop on-line. If you have questions regarding our credit card security policies, please email us at email@example.com Payment You can pay for your order by using the following; Visa Debit, Visa Electron, MasterCard, Maestro, including Switch and PayPal. All card payments are authorised at the point of ordering which will require the cardholders full details including name, address and telephone number. These must match the exact details registered with the card user. We will not debit your card until your items are ready for dispatch. Please note for all orders placed with PayPal payment is debited directly at the time of order, before your items are shipped. In the event that the items you have ordered are out of stock, your order will be cancelled and you will be refunded immediately. We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. As we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorized access to any information you provide via such link. If products are not available for any reason after we have received your order, we will let you know. We will not charge you for these products and will refund any amounts already paid (if any) by way of a credit to your credit card/debit card account or gift card (as applicable). Pricing If a product is advertised at an incorrect price due to a typographical error or a supplier error we reserve the right to refuse or cancel an order whether or not said order has been confirmed. In such a case we will make you aware of this and a full refund will be given, if required (errors and omissions accepted). All prices are shown in pounds sterling and are inclusive of VAT. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details of shipping rates per country see the help section of the website. The prices of the products will be displayed on the website. Prices may change from time to time, but changes will not affect any order which we have confirmed in an order confirmation. Limitation of Liability We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount as soon as possible of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall replace any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights. To the maximum extent permitted by law, Ginger Orange and its parent, subsidiary companies and/or any of its affiliated entities hereby and exclude all liability for any damages (howsoever arising, including without limitation through contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with your access to (or inability to access) or use of this website and its contents. All conditions, warranties and other terms which may be implied by statute, common law or otherwise are hereby excluded to the maximum extent permitted by law. In no event shall Ginger Orange, its parent company, subsidiary companies and/or any of its affiliated entities or suppliers or their respective officers, directors, contractors, employees or agents be liable for: (i) any indirect, special, or consequential loss or damage, or (ii) loss of profit, (iii) loss of business, (iv) loss of opportunity, (v) loss of contract, (vi) wasted management time or (vii) loss of data, in each case, incurred by any user in connection with the website, any websites linked to it and any materials posted on it, even if Ginger Orange has been previously advised of the possibility of such damages, and in each case, howsoever arising (whether in contract, tort (including negligence), breach of statutory duty or otherwise) out of or in connection with your access to (or inability to access) or use of this website and its contents. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Nothing in these Terms & Conditions shall exclude or limit our liability for death or personal injury arising from our negligence, any breach of the obligations implied by applicable law, or for any fraud, or fraudulent misrepresentation or any other liability to the extent it cannot be excluded or limited under applicable law. Notwithstanding the above and in the event that Ginger Orange may not be able to exclude its liability for damaged goods or failure to comply with its Terms and Conditions, Ginger Orange liability will be limited to the value of your purchase/goods including shipping costs, if applicable. Our liability to you will never exceed the value of the replacement of the damaged/defective goods. Third Party Information We are not responsible for material displayed on third party websites or any other written material. The only prices that apply for Ginger Orange products are those stated on the Ginger Orange material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party. This website may contain links to sites owned and operated by third parties. These links are provided as a convenience to you and are not an endorsement by us of the products or materials on those sites. We are not responsible for the content of those sites and make no representation regarding the truth, quality or accuracy of same. Visiting the linked sites is at your own risk. Returns and Replacements Returns policy If you’re not 100% satisfied, you have fourteen (14) days from the day you receive your order to return it back to us. All merchandise must be unwashed and unworn. All hangtags must be attached to the garment and proof of payment must accompany the garment(s) at the time of return. All garments are subject to inspection. Shipping costs are not refunded. You will receive a full refund of the price you paid for the Products less any applicable delivery charges which are not refundable. We will process the refund due to you as soon as possible and, in any case, within fourteen (14) calendar days of the day on which you gave us notice of cancellation. If the Products were delivered to you: you must return the Products to us as soon as reasonably practicable; unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us; and you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. For more information on how to return an item to our ecommerce website, please visit our FAQs. We refund you on the credit card or debit card used by you to pay. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Shipping Confirmation. Unfortunately we do not offer a free returns service. We understand that you may occasionally want to return items that are not suitable and are very happy to help you choose something else or offer a full refund. For advice please email us at firstname.lastname@example.org. We are happy to offer a refund on any full price items returned to us in perfect condition, within 14 days of receipt of order, with proof of purchase. Sale items may be refunded within 14 days of receipt of order, if they are sent back in perfect condition with proof of purchase. Faulty items may be returned at any time. This does not affect your statutory rights. Refunds will be credited to the original card that was used for purchase. If you decide to refund a gift we can’t prevent the card-owner knowing. How to return an item
- Please complete the returns section on the front of your invoice.
- Enclose this form with the unwanted items in the mailing bag.
- Use the returns label, found on the front of this invoice, to address your parcel. This label covers the cost of your return if you are within the UK. If you are outside the UK please add postage as required.
- Take your parcel at the nearest post office. The returns address is: 20 Crofters Court Croft Street SE8 5DW LONDON
Please note that when sending a return, the parcel is your responsibility until it reaches us. Always retain proof of postage. Your Right to Cancel If you are contracting as a consumer, you may cancel your order at any time within fourteen (14) days, beginning on the day after you received your order. In this case, you will receive a full refund of the price paid for the product(s) in accordance with our returns and refunds policy. Your legal right to cancel the Contract starts from the date of the Shipping Confirmation, which is when the Contract between us is formed. If the products have already been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day after the day you receive the products. However, we may have delivered (or dispatched) the products you have ordered. In this circumstance, if you are returning the product(s) to us for any reason other than the products being faulty, you are responsible for returning the products to us and pay the cost of doing so. To avoid this, we recommend that you advise us as soon as possible if you wish to exercise this right to cancel your order. If you wish to cancel your order, please contact us by e-mail at email@example.com. You may wish to keep a copy of your cancellation notification for your own records. Any products returned must be received by us in the same unused condition with the tags attached and, to the extent possible, in the same packaging as when we delivered them to you. Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Shipping Confirmation. This provision does not affect your other statutory rights as a consumer. Faulty Products If you have returned the products to us because they are faulty or mis-described, we will refund the price of a defective product in full and any applicable delivery charges. Delivery We make every effort to deliver all products within the United Kingdom, Europe or rest of world (RoW) in accordance with the timescales set out below. Where this is not possible, we will seek to notify you and, unless we state otherwise, ensure that your products are delivered within 28 days from acceptance. Your order will be fulfilled by the estimated delivery date set out in the Shipping Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Delivery will be completed when we deliver the products to the address you gave us. The products will be your responsibility from the completion of delivery. You own the products once we have received payment in full, including all applicable delivery charges. We offer a standard and next day service in the UK. Once parcels have been dispatched we are unable to change the address. Your will be informed if we are experiencing any delays or are unable to fulfil your order for any reason. During our sale period, delivery times can increase due to a larger volume of orders. For any further delivery queries, please contact us at email firstname.lastname@example.org UK Standard Delivery We’re pleased to offer you complimentary shipping on www.mygingerorange.com orders shipped in the UK on ground delivery orders only. Overseas delivery Overseas delivery is £12 for RoW. Orders for delivery outside the UK are sent using the Royal Mail Airsure service and will arrive within 7-14 working days. We can trace your parcel until it reaches the destination sorting office, where it will be passed on to local mail carriers. Please note we are unable to claim the loss of a parcel with Royal Mail until 25 days have passed. Tracking for Deliveries For delivery tracking please contact our customer care team who will be able to assist you. Contact us on: email email@example.com. Price of Products and Delivery Charges The prices of the products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of product(s) you ordered, we will inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price. Prices for our products may change from time to time, but changes will not affect any order which we have confirmed with a Shipping Confirmation. The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect. The price of a product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our FAQs. Our right to Reject Your Order or Cancel a Contract Fulfillment of all orders on the website is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we have cancelled: – The product is not available / in stock; – Your billing information is not correct or not verifiable; – Your order is flagged up by our security systems as an unusual order or an order susceptible to fraud; – Your bank transfer payment is not received within 12 calendar days after acceptance of your order; – We have reason to believe you are under 16; – We have reason to believe that you are a reseller; – There was an error in the price displayed on the website; – We could not deliver to the address provided by you; – Due to an Event Outside Our Control (see below); or – In the event of misspelling, pricing or other errors or mistakes in the website information. When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address, creditworthiness, and checking for fraud. As to the latter: we run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on www.mygingerorange.com will be investigated and if necessary prosecuted. Replacement Items No refunds will be given on gifts, unless refunded directly to the purchaser’s card. The purchaser will be notified by email. Events 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 by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, lack or deficiency of suppliers, delivery courier companies and failure of any other third party sub-contractors that we contracted to fulfil our obligations under these Terms and Conditions and any other cause whatsoever. If an Event Outside Our Control takes place that affects the performance of our and our sub-contractors obligations under these general conditions:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects