TERMS OF SERVICE

This contract sets out your legal rights and responsibilities, our legal rights and responsibilities, and certain key information required by law

In this contract 'we', 'us' or 'our' means R J Gibson, and 'you' or 'your' means the person using our site to buy clothing from us.

If you don't understand any of this contract, or want to talk to us about it, please contact us by email at rosie@rj-gibson.com

1. Introduction

  • If you buy products on our site you agree to be legally bound by this contract.
  • You may only buy products from our site for non-business reasons.
  • This contract is only available in English. No other languages will apply to this contract.
  • When buying any products you also agree to be legally bound by our Website Terms of Use and any documents referred.

2. Information we give you

  • By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please contact us by email
  • The key information we give you by law forms part of this contract.
  • If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3. Ordering products from us

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

  • You place an order on the site by means of our checkout process. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
  • When you place your order at the end of the online checkout process (when you click on the payment button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
  • We may contact you to say that we do not accept your order. This is typically for the following reasons:
    (a) the product is unavailable
    (b) we cannot authorise your payment
    (c) we are unable to ship the product to you
    (d) you have ordered too many items
    (e) there has been a mistake on the pricing or description of the product
  • We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
    (a) a legally binding contract will be in place between you and us, and
    (b) we will dispatch the product to you within the specified delivery period
  • If you have any complaint about the product, you should contact us by emailing: rosie@rj-gibson.com

4. Right to cancel this contract

  • You have the right to cancel this contract within 14 days without giving any reason, for stocked products only.
  • The cancellation period will expire after 14 days from the day of receipt of the product, for stocked products only.
  • To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement by email. You can use the model cancellation form set out in the box below, but it is not obligatory.

5. Cancellation form

  • To R J Gibson (rosie@rj-gibson.com): I hereby give notice that I cancel my contract of sale of the following product:

[insert details of product],

Ordered on [insert date of order],

Name of consumer(s),

Address of consumer(s),

Date

  • To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired
  • This cancellation policy does not apply to BESPOKE products.

 6. 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 product supplied, if the loss is the result of unnecessary handling by you – you should return the product in unused and otherwise re-saleable condition.
  • We will make the reimbursement without undue delay, and not later than:
  • 14 days after the day we received back from you any product supplied, or
  • (if earlier) 14 days after the day you provide evidence that you have returned the product, or
  • If no products have been supplied, 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.
  • If you have received product:
  1. you shall send back the product without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us.
  2. you are only liable for any diminished value of the product resulting from its being handled beyond what is necessary to establish the nature and characteristics of the product.

7. Delivery

  • We use independent contractors to deliver our products. 
  • Where the product is supplied for export from the United Kingdom, you will be liable for shipping and insurance charges as agreed with us, and responsible for complying with any legislation or regulations governing the importation of the product into the country of destination and for the payment of any duties on it.
  • Every effort will be made to deliver the product as soon as possible after your order has been accepted. Please refer to our production lead times for BESPOKE products. If we are unable to deliver the product within 30 days of your order, we will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or credit for any sum that has been paid by you or debited from your credit card for the product. We will not be liable for any loss or damage suffered by you through any delay in delivery.
  • 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 product.
  • Delivery of the product will take place when we deliver it to the address that you gave to us.
  • Unless you and we agree otherwise, if we cannot deliver your product within 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 product when delivery has taken place. In other words, the risk in the product passes to you when you take possession of the product.

8. Payment

  • We will do all that we reasonably can to ensure that all of the information you give us when paying for the clothing 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 be charged when you click on the payment button during the payment process.
  • If your payment is not received by us and you have already received the product, you:
  • must pay for the product within 7 days, or
  • must return it to us as soon as possible. If so, you must keep the product in your possession, take reasonable care of it (including ensuring that you follow any instructions or manuals given with the product) and not use it before you return it to us
  • Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 4 and 5.
  • The price of the product:
  • is in pounds sterling (£)(GBP)
  • includes VAT at the applicable rate
  • [does not include the cost of delivering the clothing which we will agree with you at the time you place your order.]
  • We do not store payment card details.

9. Nature of the product

  • The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the products:
  • are of satisfactory quality
  • are fit for purpose
  • match the description
  • We must provide you with products that comply with your legal rights.
  • The packaging of the product may be different from that shown on the site.
  • While we try to make sure that the colours of our products are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
  • Our policy is to improve our products continually, and so we reserve the right to make minor technical changes to the specification of the products without affecting its function, quality or price.

 10. Faulty products

  • 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:
  1. contact us using the contact details at the top of this page, or
  2. visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06
  • Nothing in this contract 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 this page, if you want:
  1. us to repair the product
  2. us to replace the product
  3. a price reduction
  4. a refund

11. End of the contract

  • If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

12. 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 any:
  • losses that:
    (a) were not foreseeable to you and us when the contract was formed
    (b) that were not caused by any breach on our part
  • business losses
  • losses to non-consumers

13. Disputes

  • We will try to resolve any disputes with you quickly and efficiently.
  • If you are unhappy with the product, our service to you, or any other matter, please contact us as soon as possible.
  • Subject to clause 12.5, these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
  • You remain protected any overriding mandatory provisions of law applicable to your purchase. Nothing in these terms is intended to affect any protection provided to you under any such law.

14. Third party rights

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