Terms and Conditions

 

Introduction

The following Website Terms of Use govern the use of this website and the Terms and Conditions of Sale, together with any documents referred to therein, outline the legal responsibilities and obligations that shall exist between you and Planks Clothing Ltd (the “Terms”).

By placing an order on this website, you are deemed to have read and agreed to these Terms. If you have any questions, please email customerservices@planksclothing.com.

Part 1: Website Terms of Use

Using the Site

The Site is operated by Planks Clothing Ltd (also referred hereafter as “we”, “us”, “our”, or “Planks”). We are a company registered in England and Wales under company number 07086504 and have our registered office at Suite 2gi & Ii Beehive Mill, Jersey Street, Manchester, England, M4 6JG. Reference to us in these terms also include our group companies from time to time.

These terms of use (together with any documents referred to in them) explain how you may use this website, all associated web pages and any associated mobile applications or other software applications (together, the “Site”), whether as a guest or as a registered user. Use of our Site includes accessing, browsing and registering to use the Site.

By accessing or using the Site you agree to be bound by, and comply with, these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should stop using the Site immediately.

We may update these terms from time to time in accordance with clause 6.1 below.

Your use of the Site means that you must also comply with our privacy and cookie policy which is available at https://www.planksclothing.com/.

Restrictions

We permit you to use the Site in accordance with these Terms of Use set out here (and any documents referred to here). Use of the Site in any other way, including in contravention of any restriction on use set out in these Terms of Use, is not permitted.

The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

As a condition of your use of the Site, you agree: not to use the Site to carry out or promote any activity that is unlawful in any way under any applicable law; and not to use the site for any purpose that is prohibited by these terms of use.

In addition, your right to use the Site does not permit you to attempt to decompile (as defined in section 50B of the Copyright, Designs and Patents Act 1988) the underlying software (or any part of it) that is used in or to provide the Site, or to observe, study or test the functioning of the underlying software (or any part of it) that is used in or to provide the Site, except and only to the extent that such restrictions are prohibited pursuant to section 50B of the Copyright, Designs and Patents Act 1988.

We may prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions, any terms or policies to which they refer, or any applicable law.

Account and password

In order to use certain features of the Site you may be required to create and manage an account on the Site (an “Account”). Accounts may be created on the Site by you choosing, or being provided with, a user identification code, password or other piece(s) of information as part of our security procedures (“Account Information”) to set up and manage your Account.

You agree that you are solely responsible for keeping your Account Information confidential. You must not disclose your Account Information to any third party. If you know or suspect that anyone other than you knows your Account Information you must promptly notify us.

We have the right to disable any Account at any time if in our reasonable opinion you have failed to comply with any of these provisions.

Submission standards

Any information or content you submit to or through our Site must conform to standards of accuracy, decency, and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, you warrant that any such communication is lawfully submitted and does not breach our Terms of Use.

We will not be responsible, or liable to any third party, for the content or accuracy of any information submitted to or available on the Site that is posted by you or any other user of the Site.

We have the right to disclose your identity to any third party who is claiming that any information posted or uploaded by you to Site constitutes a violation of their rights, including their Intellectual Property Rights (as defined in clause 9.1below) or their right to privacy.

Disclaimer, accuracy of information and availability of the Site

We may update the Site from time to time, and may change the content at any time. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose.

The Site is provided on an ‘as is’ basis and we make no representations, warranties or guarantees, whether express or implied, that the information on the Site is accurate, complete or up-to-date.

While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site. If you have any difficulties using the Site, please contact us.

Access to the Site is permitted by us in our sole and ultimate discretion. We may suspend, withdraw, discontinue or change all or any part of the Site as we see fit and without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

Hyperlinks and third-party sites

The Site may contain hyperlinks or references (including banner and pop-up advertising) to third party websites other than the Site. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website, product or service does not mean that we endorse that third party's website, products or services and any reliance you place on such hyperlink, reference or advert is done at your own risk.

Your use of a third-party site may be governed by the terms and conditions of that third-party site. It is your responsibility to ensure you are happy with such third-party terms and conditions.

You may link to the Site from another website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not present or establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice and to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.

Ownership and use of your data

You are solely responsible for the accuracy and reliability of any data entered or uploaded to the Site by you while using our services (“your Data”).

You retain ownership of your Data and all rights therein. Nothing in these terms and conditions grants us, or transfers to us, any legal rights in your Data other than as necessary for us to process your Data in accordance with our terms and conditions, for example to provide you with access to the Site and any services made available through it. Subject to the clause below, we will only use your Data for these purposes.

We reserve the right to disclose your Data to law enforcement officials and/or HMRC in the investigation of fraud or other alleged unlawful activities.

While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any information that you regard as confidential, commercially sensitive or valuable. While we value your feedback, you agree not to submit any such information.

Ownership and use of intellectual property rights

References in these terms of use to “Intellectual Property Rights” means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trademarks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, domain names, rights in computer software and all similar rights of whatever nature and, in each case:

whether registered or not;

including any applications to protect or register such rights;

including all renewals and extensions of such rights or applications;

whether vested, contingent or future; and

wherever in the world they exist.

This Site and all Intellectual Property Rights in it are owned by us, our licensors or both (as applicable). Such Intellectual Property Rights are protected by copyright laws and treaties around the world. We and our licensors reserve all of our and their rights in any such Intellectual Property Rights in connection with these Terms of Use. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

Nothing in the Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site, and any further or additional use is strictly prohibited unless you have our prior written permission.

If you copy, download or otherwise use any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Viruses

We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited.

Subject to clause 11.1, and to the extent permitted by law, we exclude all conditions, warranties and/or representations, whether express or implied, which may apply to the Site or any Content on it.

Subject to clause 11.1, we will not be liable to any user of the Site for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Site, or with reliance on any content displayed on the Site. We will not be liable for any business interruption, for any loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill or reputation, or for any indirect or consequential loss or damage.

Data protection

You and we shall provide each other with reasonable assistance in complying with our obligations under applicable data protection law (including the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003) insofar as necessary to facilitate each of our compliance with these terms of use. Information about how we collect and process user data is set out in our privacy and cookie policy at https://www.planksclothing.com.

Disputes

We will try to resolve any disputes with you quickly and efficiently.

If you are unhappy with us under these terms of use please contact us as soon as possible by sending an email to customerservices@planksclothing.com.

If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you, and give you certain information required by law about the options available to you.

Applicable law

If you are a consumer, please note that these terms of use, their subject matter and formation, are governed by the law of England and Wales. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Part 2: Terms and Conditions of Sale

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you're entitled to the following:

up to 30 days: if your goods are faulty, then you can get a refund;

up to six months: if they can't be repaired or replaced, then you're entitled to a full refund, in most cases;

up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.

The information is not intended to replace the contract below which you should read carefully.

Introduction to Terms and Conditions of Sale

If you buy goods on our Site you agree to be legally bound by these Terms.

When buying any goods you also agree to be legally bound by our Terms of Use, the Terms of Conditions of Sale and any documents referred to in them (together, the “Terms”).

These Terms are only available in English. No other languages will apply to these Terms

These documents form part of this contract as though set out in full here.

Placing an Order

Below we set out how a legally binding contract between you and us is made.

When placing an order on the Site you undertake that any and all

information given

is accurate and complete.

Please read and check your order carefully before submitting it. However, if you need to correct your order or delivery address, please contact us immediately. We will do our best to make amendments prior to dispatch, but we cannot guarantee changes can be made once an order is processed.

All orders are subject to acceptance and product availability. Availability information for products is listed on each individual product description.

Once you have placed an order we will send you an email that confirms payment has been processed and that your order has been received, at which point a contract (that will be subject to these Terms) will come into existence between you and us (the “Confirmation Email”).  

We may contact you to say that we do not accept your order. This is typically for the following reasons:

the goods are unavailable;

we cannot authorise your payment;

you are not allowed to buy the goods from us;

we are not allowed to sell the goods to you;

you have ordered too many goods; or

there has been a mistake on the pricing or description of the goods.

A separate email will be sent to you confirming the dispatch of the item(s).

If you place an order for an item that is on pre-order, your credit/debit card will be charged at this point for the full value of the goods.

The dispatch dates shown on pre-order items are as accurate as we can and are updated regularly; however, until those items are with our warehouse dates are subject to change.

Prices and availability of goods are subject to change without notice. The advertised delivery charge will be added to your order value unless otherwise stated.

Payment & Taxes

We accept online payment in a secure environment by credit card, debit card or hush gift vouchers. We currently accept Visa, Mastercard, Visa Delta, Maestro, Visa Electron and Solo.

We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

Your credit card or debit card will only be charged your order has been placed.

The price of goods:

is in pounds sterling (£) (GBP);

is inclusive of VAT at the applicable rate; and

does not include the cost of delivering the goods.

Special Offers & Promotions

Unless otherwise stated, special offers cannot be used in conjunction with any other promotion nor are they valid for the purchase of sale items or gift vouchers.

If a promotion is valid only for orders over a certain amount, that amount does not include delivery or the cost of a gift box.

Promotion codes cannot be added into an order retrospectively.

FREE GIFTS: If a free gift is added to orders over a certain amount and items are returned so that the order is under the threshold amount, that gift must be returned or it will be charged at the advertised amount. The same is true of any promotion governed by a spending threshold.

FREE DELIVERY: Unless otherwise stated, all free delivery and free returns promotions are limited to UK addresses. Free delivery applies to UK standard delivery only. 

Delivery

Stock permitting, all orders are usually dispatched within two (2) working days of the order being accepted.

In the event that an item is temporarily out of stock, we will notify you of the delay and dispatch it as soon as it arrives.

We use Royal Mail and DPD local to deliver our goods.

If something happens which:

is outside of our control; and

affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the goods.

Unless you and we agree

otherwise,

if we cannot deliver your goods within thirty (30) days, we will:

let you know;

cancel your order; and

give you a refund.

If nobody is available to take delivery, please contact us using the contact details at the top of this page.

You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

The estimated date and time window for delivery of the goods is set out in the Confirmation Email. The delivery period stated within which you will receive your order is indicative and, unless otherwise stated, not guaranteed.

Goods will be sent to the address given by you in your order. Delivery of the goods will take place when we deliver them to the address that you gave to us.

If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock. In this case, you will only pay a single delivery charge.

If your delivery address is outside of the UK, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note, customs policies vary widely from country to country. We recommend you contact your local customs office for further information. Please note international shipments may be subject to cross-border inspections by customs authorities.

Right to cancel this contract

You have the right to cancel this contract within fourteen (14) days without giving any reason (“Cancellation Period”).

To meet the cancellation deadline, it is sufficient for you to send an email concerning your exercise of the right to cancel before the Cancellation Period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay, and not later than:

fourteen (14) days after the day we received back from you any goods supplied; or

(if earlier) fourteen (14) days after the day you provide evidence that you have returned the goods; or

if there were no goods supplied, fourteen (14) days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returns Policy

The right to change your mind

You have fourteen (14) days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until fourteen (14) days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

Returning products after ending the contract.

If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at:

Planks Clothing Ltd

C/o Cohen & Wilks International Limited

Aquatite House

Mabgate

Leeds

LS9 7DR

United Kingdom

Please email us at customerservices@planksclothing.com for a return label. If you are exercising your right to change your mind you must send off the goods within fourteen (14) days of telling us you wish to end the contract.

We will pay the costs of return:

if the products are faulty or misdescribed; or

if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

The returns period during sale time is 14 days from delivery of the goods

Except in the circumstances set out in 9.4, please note that we do not offer free returns or free delivery for any items purchased during sale periods.

Conformity of Goods

We take every care to ensure that the description and specification of our products are correct. However, specifications and descriptions of products on this Site are not intended to be binding and are intended only to give a general description of the products.

Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you.

The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:

are of satisfactory quality;

are fit for purpose;

match the description, sample or model; and

we must provide you with goods that comply with your legal rights.

The packaging of the goods may be different from that shown on the Site.

Any goods sold:

at discount prices;

as remnants; or

as substandard;

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

Faulty goods

Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory

rights’),

are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:

contact us using the contact details at the top of this

page; or

visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06.

Nothing in these Terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

Please contact us using the contact details at the top of these Terms, if you want:

us to repair the goods;

us to replace the goods;

a price reduction; or

to reject the goods and get a refund.

Limit on our responsibility to you

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:

losses that:

were not foreseeable to you and us when the contract was formed; or

that were not caused by any breach on our part;

business losses; and

losses to non-consumers.

Disputes

We will try to resolve any disputes with you quickly and efficiently,if you are unhappy with:

the goods;

our service to you; or

any other matter;

If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

let you know that we cannot settle the dispute with you; and give you certain information required by law about our alternative dispute resolution (ADR) provider.

If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this contract.

Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

Privacy Policy

Here at Planks Clothing, we aim to provide an easy and enjoyable shopping experience whilst being committed to safeguarding and preserving the privacy of our customers.

www.planksclothing.com do not disclose buyers' information to third party’s other than when order details are processed as part of the order fulfilment.  Details of your address and the telephone number and email you have provided us will be shared with our courier partners, to provide you with a 1st class delivery service. In this case, the third party will not disclose any of the details to any other third party.

If you make a purchase with us you are accepting our terms and conditions and agreeing to receive occasional marketing material by email but you can have your name removed from our list by simply clicking on "click to unsubscribe" link within every email.

We keep a record of your account information in our database so we can recognize you as a customer. We also keep a record of your purchases and email correspondence so we can track any orders and correspondence you may have with our products or service.

We do not store credit card details nor do we share customer details with any 3rd parties.

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