The terms and conditions set out herein (the “Agreement”) govern your use of the website www.excess-only.com (the “Website”). “Excess-Only”, “we”, “our” and “us” means Excess Only Limited (company number 11033736), whose principal office is at Office 7 35-37 Ludgate Hill, London, United Kingdom, “User” and “you” means any user of the Website including any User who makes a purchase through the Website (a “Buyer”).
- 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.
- 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 email@example.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 the delivery address provided to us by you is inaccurate or incomplete at the point of dispatch, a refund will be issued upon our confirmed receipt of the consignment at our warehouse from the shipping provider.
Pricing and Payment
- All items are priced in the currency you have selected from the currency dropdown menu and are exclusive of: (i) delivery charges which will be indicated to you during the ordering process and (ii) any customs and import charges applicable to your delivery address.
- We reserve the right to modify our prices at any time but any change in price will be communicated to you prior to delivery of the items.
- Once you have reviewed your order and provided the required personal details, you will be required to click on ‘Checkout’ to pay by card. Payment by card will be processed either through PayPal or through the electronic payment terminal of Stripe. The PayPal and Stripe websites are secured by SSL encryption (Secure Socket Layer), an accredited certification service provider, to protect the confidential details provided for payment.
- In the event that payment cannot be made in accordance with section 5.3, the order will not be processed and will be automatically cancelled. If you have already received any items, you must return those items to us in the same condition that you received them at your own expense. If you fail to do so within 7 days of our cancelling your order, we may arrange for collection of the items at your expense. We reserve the right to charge you for any damage to (or other adverse interference with) any items that are the subject of an order that we cancel in accordance with this section.
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 registration. It is recommended that you retain the email or print out the confirmation of the order.
Delivery, risk and ownership
- All items will be delivered to the address specified in your order.
- Following the shipment of the order from us, you will receive an e-mail specifying the tracking number for your parcel which you can use to track the parcel on the website of Royal Mail, your national postal service, or our designated courier, depending upon the shipping service you have selected when placing your Order.
- All risk in the items you order (including risk of loss and/or damage to the items) shall pass to you when they are delivered to the delivery address specified in your order.
- You will only own the items once they have been successfully delivered and when we have received cleared payment for them in full. Until that time we will retain title to the items.
Failed or Disputed Delivery
- If you are not present at the time of delivery, a delivery note will be left inviting you to contact the delivery company directly in order to arrange collection or — if you have selected a courier service when placing your order — re-delivery at a convenient time. If the delivery company is unable to deliver to you the parcel may be returned to the postal service’s sorting office or the courier’s warehouse and you will be contacted. If the delivery company then returns the items to us, we will refund you for the value of the items ordered but not for the delivery charge.
- If you wish to dispute a confirmed delivery, you must contact us by email at firstname.lastname@example.org no later than the 14th day following the date of our dispatch confirmation email to you, counting the date of our confirmation email as the first day.
- Confirmed deliveries disputed later than the dispute window defined in clause 8.2 will not qualify for a refund.
- If more than 30 days following our dispatch confirmation email delivery has not been confirmed by our shipping provider you may email us at email@example.com to request a re-shipment or refund, which we will honour at the earliest possible time but no later than 7 days from receipt of your email.
Faulty or incorrectly delivered items
- We take care when dispatching orders but we recommend that when you receive your order, you carefully check the item(s) received. Any incorrectly delivered item, or item with a fault, must be notified to us either via the Website or by email to firstname.lastname@example.org within 7 days of receipt.
- You must return any incorrectly delivered or faulty item(s) to us as soon as possible, and at the latest within 30 days of receipt of the item. We will send you a prepaid shipping label to use.
- We will provide a full refund including delivery costs for a faulty item and, where requested by you, we can send a replacement item subject to availability.
Cancellation and returns
- Subject to 10.2, you may cancel and return your order to us within 14 calendar days of receipt for a full refund. The cancellation period will expire after 14 days from the day after you take delivery of your order. Returns arriving with us with a postmark outside of the 14-day eligibility window will not qualify for a refund. We may or may not ship such a return back to you as a gesture of goodwill, at our discretion.
- You will not have a right cancel and return your order for any goods that (a) have been made to your specifications or are personalised, or (b) you have unsealed and are unsuitable for return unsealed due to health protection or hygiene reasons, such as underwear, and jewellery items designed for piercings.
- To exercise your right to return a product received from us, you must return the product to us within the cancellation period specified in paragraph 10.1, to Excess Only Limited, marked clearly with your Order Number. Alternatively, you may notify us by any durable medium of your intention to return the product (e.g. by letter to the same address) within the cancellation period specified in paragraph 10.1.
- If you choose to notify us of your intention to return the product pursuant to paragraph 10.3, you must return the product to us to the address shown in paragraph 10.3, marked clearly with your Order Number, within 14 days from the date of such notification.
- If you cancel any items from your order, we will reimburse to you all payments received from you for those items. The product must be returned in its original, unused condition, with tags attached. We will make a reduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- We will make the reimbursement without undue delay, and not later than (a) 14 days after the day we receive back from you the good we’ve supplied that you wish to return or (b), if earlier, 14 days after the day you provide evidence that you have returned the goods. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless both we and you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- Returned products will not be eligible for a refund if (a) they are not marked with your Order Number and therefore cannot be identified, or (b) if they are not received by us. We do not refund items that are lost in transit, and strongly recommend the use of a tracked delivery service.
- Exceptionally, we will provide a full refund for returned items lost in transit where we have provided you with the return shipping service and the associated shipping label.
- You will have to bear the cost of returning the goods, except where explicitly advertised otherwise.
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.
- 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.
- 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-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.
- 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.
- 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.
- 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).
- 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 email@example.com.
- If you would like to contact our Customer Service team for any reason, please e-mail us at firstname.lastname@example.org.
- 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 email@example.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.
- 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.
- This is version TC_20180101 of the Agreement.
We update this Policy from time to time so please do review this Policy regularly.
If you would like to hear more on how we are using and safeguarding your data please email firstname.lastname@example.org.
INFORMATION WE COLLECT
We don’t ask for any information about you before you reach the checkout area of our site, unless you choose to provide your information by viewing our lookbook and/or signing up for our newsletter, by opting in with the relevant checkbox in the pop up displayed at that time.
When you purchase items from our website, create a customer account, contact us, or sign up for newsletters and other marketing activities, either online or at market/fair, we may collect and process some or all of the following information about you:
- Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.
- Information provided voluntarily by you. For example, when you register for information or make a purchase.
- Information that you provide when you communicate with us by any means.
The personal information we collect from you includes:
- Contact details: name, email address/billing address, delivery address (if different) and telephone number.
- Payment details: banking details and payment card details, however your payment transactions will be encrypted by your bank so we will not retain any payment card details.
- Profile data: if you create a customer account, this includes the profile you create to identify yourself when connecting to our website (including your username and password) and other data about past purchases.
- Additional personal details: you may also provide additional information to us via our mailing list, such as gender, D.O.B or product preference. This information is collected for the purpose of analysing our sales to help us understand and improve our clothing and marketing approach, which you may have given your consent for.
COOKIES & ON-SITE INFORMATION
When you interact with our website, we automatically collect usage and technical data about your device, browsing activity and the journey on site. We collect this data by using cookies.
Cookies provide information regarding the computer used by a visitor. They are small text files that websites send to your computer so that when you go back to the site it can recognise you. Cookies allow the site to bring up information relevant to you, such as your name, past orders, etc.
Cookies make the interaction between users and websites faster and easier. Without cookies, it would be very difficult for a website to allow a visitor to fill up a shopping basket or to remember the user’s preferences or registration details for a future visit.
Cookies are not computer programs, and cannot read other information saved on your hard drive. They cannot be used to disseminate viruses, or get a user’s email address, etc. They only contain and transfer to the website as much information as the users themselves have disclosed to that website.
We may gather information about your general Internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally; it is statistical data that does not identify any personal details whatsoever.
You can adjust the settings on your computer to decline any cookies if you wish. This can be done within the “settings” section of your computer. For more information, please read the advice at AboutCookies.org.
Usage Data includes products you have purchased from us and information about how you navigate our website.
Technical Data includes your IP address, browser type and location, operating system and platform. Information about your visit, including the full URL, date and time of your visit, which items you viewed, searched for or added to your cart, page response times, download errors, length of visits to certain pages, page interactions and methods used to browse away from the page.
We may also receive information from third parties we work with such as our delivery services or credit and fraud prevention agencies.
USE OF YOUR PERSONAL DATA
All our data collection processes are governed by the UK’s Data Protection Act and the EU’s General Data Protection Regulation. The information you give us simply allows us to provide you with a good, reliable service; processing your order, taking payment, supplying products and cancellations or returns and exchanges.
In addition to this, we may use the information for one or more of the following purposes:
- To update you on the progress of your order. We will usually communicate with you via email but we or the courier companies we use may also contact you by phone.
- To provide you with information that you request from us relating to our products or services.
- To process information required for competitions, promotions or survey entries by you.
- If you have previously purchased goods from us, we may provide to you details of similar or other goods that you may be interested in.
- To analyse sales to help us understand and improve our clothing and services provided.
We need your consent for directly marketing any communications. If you have clearly given your consent to receive direct marketing from us, whether via our website or in person, we may use the information you have given us to:
- Update you on upcoming events, new products, sales and information about us and our story.
- Inform you of any changes to our website, services or goods and products.
- Measure the effectiveness of our advertising and promotions.
- Provide you with information regarding other products that may be of interest to you.
You can opt out at any time, simply email email@example.com, or unsubscribe via the link on our emails. Your data may be shared internally – this is only for the purpose of either contacting you if there has been an issue with your order, which would be flagged with customer service, or the courier company in question or for reporting reasons internally only.
We never give your details to third parties to use your data to enable them to provide you with information regarding unrelated goods or services.
SHARING OF YOUR PERSONAL DATA
- Payment providers and cross border solution companies, to process your payment on international orders.
- Delivery and courier companies who supply your order.
- Analytics and search engine providers that aid us in optimising our website.
- If you have opted into direct marketing, third party advertisers who will serve relevant communications to you.
- In the event that we sell any or all of our business to the buyer.
- To further fraud prevention and reduce the risk of fraud.
- Where we are legally required to disclose your personal information.
All third parties we use are required to respect the security of your personal data and to treat it in accordance with the law, in agreement with our instructions, and not for their own use.
ACCESS TO YOUR PERSONAL DATA
In accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you. Please note that we reserve the right to charge a fee of £10 to cover costs incurred by us in providing you with the information.
SECURITY OF YOUR PERSONAL DATA
We use the latest secure server technology to ensure your information is protected to the highest standards available.
We use encryption to safeguard your credit card information and we will only accept orders from web browsers that permit communication through Secure Socket Layer (SSL) technology. This means you cannot inadvertently place an order through an unsecured connection. Most web browsers above version three support this security. This encryption makes it virtually impossible for unauthorised parties to read any information that you send us.
STORAGE OF YOUR PERSONAL DATA
We keep data for as long as you are an Excess Only customer. If your account goes dormant, your data is still kept on file, this is so we can respond to any questions you may have and to maintain necessary records for accounting or reporting. Your data may also be used for research or internal statistics.
If you would like further information on any of the above please contact us at firstname.lastname@example.org.
For any order over €350 to Europe
France, Belgium, UK, Germany, Spain, Switzerland, Italy, Netherlands, Portugal, Finland, Sweden, Denmark & Luxembourg
Visa, Mastercard, Amex, PayPal, Maestro