Terms of Sale

Definitions

The terms and conditions set out herein (the “Agreement”) govern your use of the website www.excess-only.com (the “Website”). “Excess-Only”,”Excess Only”, “we”, “our” and “us” means Excess Global Limited (company number 12016069), whose principal office is at International House, 24 Holborn Viaduct, London, EC1A 2BN, United Kingdom, “User” and “you” means any user of the Website including any User who makes a purchase through the Website (a “Buyer”).

Agreement

The Agreement applies to any purchases made by you, and any sale made by us, of the items described on the Website. If you do not wish to be bound by the Agreement, you must not use the Website or order any items from us.

Buyers must be over 18 years old and have full legal capacity.

We reserve the right to modify this Agreement. The Agreement in force at the time an order is accepted will govern any particular order. In the event that we make any amendment to this Agreement which is materially detrimental to you, we will ensure that the amendment does not become effective for at least one month after the change is made.

We will keep a record of this Agreement and dates of any changes made and we recommend that you print and keep a copy of this Agreement.

Registration

You are able to navigate through the Website and place an order without going through the registration process.

Placing an order

To place an order, you should select the required item(s) and add to your basket by clicking on the ‘Add to Cart’ button. You can review the selected item(s) at any time by clicking on the ‘Cart’ icon link. Once you have completed your shopping, please click on the ‘Proceed to Checkout’ link.

You must confirm your delivery address to access the purchase order, which contains a summary of the information related to the item(s) ordered, quantity, price, total and your other details along with the delivery address. It is your responsibility to notify us if any of the information is incorrect. Giving false information may result in the rejection of the order.

Each order constitutes a separate transaction and we are not able to consolidate separate transactions into a single order or delivery. If you would like to order multiple items for delivery at the same time, you must ensure that all of these appear on the same order before you confirm your order.

Your placing of an order is an offer by you to purchase an item and is subject to acceptance by us. Orders shall be accepted at our sole discretion but are normally accepted if the item(s) is/are available, the order reflects current pricing, you are based in a country to which we are currently able to sell and deliver and your credit or debit card is authorised for the transaction.

In the event that an item is out of stock, you will be informed as soon as practically possible. The order relating to the unavailable item will be cancelled and a full refund will be made including any delivery charges. Where your order is for multiple items, the rest of the order will remain valid.

If you have made a mistake when placing your order you must contact us at the earliest possible time by email to only@excess-only.com to confirm the details of the error or errors and will endeavour to make any amendments requested prior to shipment of your order.

If you have inputted the incorrect address on your order, contact us at only@excess-only.com to CANCEL your order. Then, place your order again using the correct address. Once your package is processed and shipped, we cannot make any more modifications to your shipment.

Acceptance of your order

Your offer to purchase an item is accepted by us and a contract of sale between us is formed only on the later of (a) the receipt by us of cleared funds from you in full payment for the item(s) (including any applicable taxes and delivery costs); and (b) our written confirmation of your order (whether by a dispatch confirmation email or otherwise).

Once the payment has been accepted, the order cannot be amended.

We will confirm receipt of your order to the email address you provide at the time of purchase. It is recommended that you retain the email or print out the confirmation of the order.

Access to the website and content

We are continually reviewing the items available on the Website, so specifications or design changes may be made at any time. We shall use reasonable commercial endeavours to keep the Website up to date but information and specifications given are for your information only and are subject to change without notice.

We try to ensure that pictures of the items on the Website are as accurate as possible, but there are technical limitations and slight variations in colour and texture between the pictures and the items themselves must be expected.

We will endeavour to allow uninterrupted access to the Website, but access may be suspended, restricted or terminated at any time.

The Website may include links to other websites or material, which are beyond our control. We are not responsible for access to and content on the Internet, or any site other than the Website.

If we reasonably believe that you have acted inconsistently with this Agreement through your use of the Website, we may take all or any of the following actions: (a) immediate suspension (temporary) or termination (permanent) withdrawal of your right to use the Website, without notice to you; (b) issue a warning to you; (c) disclose such information to law enforcement authorities as we reasonably feel is necessary; (d) commence legal proceedings against you for reimbursement of all costs resulting from your act; (e) commence further legal action against you; or (f) take any other action we reasonably deem appropriate.

Liability

We will use reasonable skill and care in fulfilling any order for an item placed by you which is accepted by us. We warrant that the items shall meet their specification and shall be free from defects in materials and workmanship at the time of delivery. However, we exclude all other representations, warranties, conditions and terms with regard to the Website and our products whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law.

We will take all reasonable care to keep your order secure, but in the absence of our sole negligence we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data (including credit and account details) you provide when accessing or ordering from the Website.

We shall not be liable to you or in breach of this Agreement for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control (“Event”). We will contact you within five days of any relevant Event in order to discuss possible alternatives for the performance of the Agreement. If the Event lasts for more than thirty days, your order will be deemed to be cancelled and you will receive a full refund.

We shall not be liable to you in connection with this Agreement in contract, tort (including negligence) or otherwise for any loss arising out of any Event (as defined in section 12.3) or any internet, network or virus problem, or for any loss of profit, revenue, anticipated savings or data (in each case whether direct or indirect), or for any indirect loss.

Our aggregate liability to you in connection with this Agreement whether in contract, tort (including negligence) or otherwise shall not exceed the value of the items ordered by you.

Notwithstanding anything else in this Agreement, we accept unlimited liability in respect of death or personal injury caused by our negligence and in respect of any other liability which cannot be excluded by law.

Statutory Rights

This Agreement does not affect your statutory rights as a consumer. It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us.

E-mail

E-mails to you shall be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and tell us of any changes to it.

Our aggregate liability to you in connection with this agreement shall not exceed the value of the items ordered by you.

Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death or personal injury caused by our negligence.

Verification procedure

In exceptional circumstances, we reserve the right to use a verification procedure to prevent fraudulent use of the Website. If required, you will be requested to send us (by fax or email) a copy of your ID (e.g. passport) as well as proof of your address for the past 3 months. The order will only be dispatched after we have received and verified these documents.

We reserve the right to cancel an order and carry out a refund in the event of not receiving the documents or non-conformity of the documents. 

We reserve the right to define the circumstances in which this additional verification will be required.

Prohibited uses

You may use the Website for lawful purposes only. You have sole responsibility for any content or data which you upload, post, email or otherwise transmit using the Website. You may not use the Website in any way which we reasonably consider to be abusive or inappropriate.

You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, hack into or otherwise disrupt any part of the Website, or knowingly transmit any data, or send or upload any material that contains viruses or any other harmful programs.

You must not use the Website to transmit, download, upload, view or otherwise use any material which is defamatory or libellous; obscene, offensive, hateful or inflammatory; contains sexually explicit material; promotes violence; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringes any copyright, trade mark or other intellectual property right of any person; is threatening, abusive or invades any person’s privacy; is likely to harass, upset or alarm any other person; is used to impersonate any person, or to misrepresent your identity or affiliation with any person; gives the impression that they emanate from us, if that is not the case; or advocates, promotes or assists any unlawful act such as (without limitation) copyright infringement or computer misuse.

Intellectual property

All intellectual property rights (including without limitation copyright) in the material contained in the Website (including without limitation all photographs, videos, audio and all other content on the Website), together with the website design, text and graphics and their selection and arrangement and all software compilations, underlying source code and software (including applets) belongs to us, our licensors or the providers of such information. All rights in Olive are owned by us. All rights are reserved. None of this material may be reproduced or redistributed without our written permission.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) and print one copy of such content for your own personal, non-commercial use, provided you keep intact all copyright and proprietary notices.

You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from us (except as set out in section 17.2).

Terms and conditions of delivery

Handling and shipping costs depend on the country and the total amount of the order. They shall be indicated on the invoice.

EXCESS GLOBAL cannot be held responsible for any action and/or costs and/or taxes (which fall under the Customer’s responsibility) and/or delays due to customs over which it has no control.

For all the Products, the order is prepared for departure from one of EXCESS GLOBAL`s studios (either in the UK or Italy) within a maximum period of 3 working days (subject to stock availability and except for the special case of Products sold “on pre-order” for which the product page indicates the specific estimated time of delivery) from confirmation by e-mail of the order. The average period between the placing of an order and its delivery is from 5 to 10 working days. This is an average period based on prior orders.

By exception to the abovementioned time frames, “pre-order” transactions are subject to shipping periods that might exceed the estimated shipping time. The estimated shipping time for “pre-order” transactions may be as long as 1 to 3 months as of the date of the order, as mentioned in the purchase process.

Exceeding this estimated period may not give rise to any cancellation of the order, reduction in the price paid by the Customer, or to any damages. Customer is further informed that in some special cases (e.g. products marketed on “pre-order”), the periods indicated above can be longer. However, failure to deliver within a period of 30 days from the maximum estimated time of delivery, the Customer shall have the possibility to cancel the said order at no cost. The sums that he/she/it will have paid will then be reimbursed. In cases where it has the capacity to do so, EXCESS GLOBAL reserves the possibility to offer the Customer a Product of equivalent quality and price as the initial product.

If the order reaches a certain volume EXCESS GLOBAL may send it to the Customer in several deliveries and/or several packages.

Generally, all of the parcels are shipped via DHL. A delivery note is attached to the parcel. Customer is encouraged to keep it as it will serve as proof of delivery.

The Customer must check the compliance of the Products delivered at the time of the delivery and before signature of the carrier’s delivery note. He/she/it must indicate on this delivery note and in the form of handwritten reservations any defect concerning the delivery (damaged Product etc.). This verification is deemed achieved as soon as the Customer, or a person of his/her/its choice, has signed the delivery note. No claim regarding the condition of the parcel(s) will be admissible thereafter.

In the event of reservations regarding the delivery, the Customer must also confirm them to the carrier at the latest within 3 working days following receipt of the article(s) and send a copy of this letter to EXCESS GLOBAL by e-mail to the address only@excess-only.com with confirmation by registered letter with acknowledgement of receipt to Customer Service at the following address: Excess Global, International House, 24 Holborn Viaduct, London EC1A 2BN, United Kingdom.

In the event of an incomplete address, incorrect address, inability to place the parcel in the Customer’s letterbox, refusal of the parcel by the recipient, lack of information making it impossible to deliver the Product to the recipient at the appointed time, EXCESS GLOBAL cannot be held liable for the complete, final, completion of this delivery. If this lack of information leads to a second presentation to the recipient, EXCESS GLOBAL shall be entitled to request that the Customer pay the corresponding fees. 

Privacy

Personal data submitted by you to us (for example, in the lookbook access or ordering process) is subject to our Privacy Policy. For more information, please see our Privacy Policy.

Complaints procedure

We want you to be happy with the service we provide, but if you have a complaint about any aspect of our service, please let us know and we will try to resolve your complaint quickly and efficiently. You can contact our Customer Support team at only@excess-only.com.

Customer service

If you would like to contact our Customer Service team for any reason, please e-mail us at only@excess-only.com.

General

If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of this Agreement shall not be affected.

You may not assign, sub-license, or otherwise transfer any of your rights under this Agreement.

You can inform us at any time if you no longer require marketing communications to be sent by emailing us at only@excess-only.com.

A person who is not a party to this Agreement shall have no right under the UK’s Contract (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

Governing law

This Agreement (and any non-contractual disputes arising under it) shall be governed by and construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.

Version

This is version TC_20210101 of the Agreement.