Terms and Conditions
By visiting or shopping at this web site, you accept the following terms and conditions. Please read them carefully.
LAST UPDATED 21st January 2019
TERMS AND CONDITIONS
This site (“Site”) is provided by DEREK ROSE LIMITED. The Site and related services are made available to you on the following Terms and Conditions ("TAC"). We may modify the TAC from time to time. Please read the TAC. If you do not agree to the TAC, you should stop using the Site.
DEREK ROSE LIMITED (“DR”) is a company incorporated in England and Wales under registered no. 338484, whose principal office is at Suite 4, Accurist House, 44 Baker Street, London W1U 7AN, England.
You may need to register to use some of the features on this Site. We may change registration requirements from time to time. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address email@example.com or by logging into the site and clicking on the My Account link on the top right of the page.
Any graphics, photographs, sounds, music, video, audio or text on this Site (“Content”) are provided for your personal use of the Site only. DR reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason.
USE OF THE SITE
This Site is for your personal, non-commercial use only. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site. We may terminate your use of the Site with immediate effect if you breach any of the TAC.
LINKS TO THIRD-PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than DR, including advertisers. We are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
All orders for goods placed through the Site are subject to our Terms and Conditions of Sale (see below).
NO UNAUTHORISED COPYING OR DISTRIBUTION
The copyright, trademarks and all other intellectual property rights in the Content, DR Software and all HTML and other code contained in this Site, shall remain at all times vested in DR and/or its licensors and is protected by copyright and other laws and international treaty provisions. You are permitted to use this material only as expressly authorised by DR or its licensors. Any reproduction or redistribution of the above listed materials is prohibited by law and may result in civil and criminal penalties. Copying the above listed materials to any other server or location for publication, reproduction or distribution is expressly prohibited.
LIMITATION OF LIABILITY
We will use reasonable endeavours to verify the accuracy of any information we places on this Site, but give no guarantees, either express or implied, that it is accurate, complete or up to date. This Site is provided on an "as is" and "as available" basis and we do not guarantee that the Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses.
Except for death and personal injury arising from our negligence, we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case. Nothing in the TAC affects any liability for fraudulent misrepresentation.
The TAC (as amended from time to time) constitutes the entire agreement between you and DR regarding your use of the Site.
Any failure by us to exercise or enforce any provision of the TAC shall not constitute a waiver of such provision.
The TAC will be governed by and construed in accordance with the laws of England and any dispute may be decided by the courts of England.
DEREK ROSE LIMITED - ONLINE TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
1. Formation of the contract
1.1 These terms of sale apply to goods supplied by DEREK ROSE Limited, registered in England and Wales number 00338484, registered office c/o Brett Adams, 14 David Mews, London W1U 6EQ (‘DEREK ROSE’).
1.2 No contract exists between you and DEREK ROSE for the sale of any goods until DEREK ROSE has received and accepted your order and sends you confirmation by writing or email to the address or email address you have given. Once DEREK ROSE does so, there is a binding legal contract between us.
1.3 The contract is subject to your right of cancellation if you are a consumer (see 5.1 below).
2. Description, specification and price of the goods
2.1 The description, specification and price of the goods you order will be as shown in DEREK ROSE’s current catalogue or on its website at the time you place your order.
2.2 All goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, DEREK ROSE will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your chosen payment method for the goods.
2.3 DEREK ROSE’s policy is to improve its products continually, and so reserves the right to make minor technical changes to the specification of the goods without affecting their then function, quality or price.
2.4 Every effort will be made to ensure that prices shown in DEREK ROSE’s current catalogue or shown on its website are accurate at the time you place your order. If an error is found, DEREK ROSE will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, DEREK ROSE will refund or re-credit you for any sum that has been paid by you or debited from your chosen payment method for the goods.
2.5 In addition to the price, it some cases you will be required to pay a delivery charge for the goods, as shown in the section of DEREK ROSE’s catalogue or website about delivery.
2.6 The price of the goods are inclusive of VAT, where applicable, as shown in DEREK ROSE’s current catalogue or on its website.
2.7 Where the goods are supplied for export from the United Kingdom, you may be liable for shipping charges as agreed with DEREK ROSE, and responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties on them.
2.8 Discount codes, promotion codes and refer-a-friend discounts cannot be used in conjuction with a sale promotion or an already discounted product. Any such code or offer can still be applied to full price items. Products on sale or in a promotion will be clearly shown as being discounted with a strikethrough price and a sale price alongside them in red.
2.9 Where items have been made-to-order, personalised, monogrammed or altered, there may be some variations and differences to any visual preview shown to you.
3.1 Payment for the goods and delivery charges can be made by any method shown in DEREK ROSE’s current catalogue or shown on its website at the time you place your order.
4.1 The goods you order will be delivered to the address you give when you place your order, subject to confirmation by DEREK ROSE.
4.2 If delivery cannot be made to your address, DEREK ROSE will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your chosen method of payment for delivery.
4.3 If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.
4.4 Every effort will be made to deliver the goods as soon as possible after your order has been accepted, and in any event within 30 days of your order. If DEREK ROSE is unable to deliver the goods within 30 days of your order, DEREK ROSE will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or re-credit for any sum that has been paid by you or debited from your chosen method of payment for the goods. DEREK ROSE will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
4.5 You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.
4.6 Made-to-order, personalised, monogrammed or altered items are subject to additional shipping days in order to allow for the relevant additional work to take place. We will wait to ship other standard items that may make up your order together, however, at our discretion, we may partially ship other items in your order on request.
5. Your right of Cancellation
5.1 If you are a consumer, you have the right to cancel the contract at any time up to the end of seven working days after you receive the goods (the “Cancellation Period”). A working day is any day other than weekends and bank or other public holidays in the United Kingdom.
5.2 To exercise your right of cancellation, you must give written notice to DEREK ROSE by post, fax or email, at the address, fax number or email address shown below, giving your order number, details of the goods ordered and the delivery address. Faxes should be sent to Customer Services on +44 (0)1260 296 701 and emails to firstname.lastname@example.org Hard copies can be sent to Customer Services at Derek Rose Ltd, Victor Mill, Worrall Street, Congleton, Cheshire, CW12 1DT, UK.
5.3 If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to DEREK ROSE in accordance with the DEREK ROSE Returns Policy set out at Clause 6 below.
5.4 Once you have notified DEREK ROSE that you are cancelling the contract, DEREK ROSE will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your chosen method of payment for the goods.
5.5 If you do not return the goods as required, DEREK ROSE may charge you for the direct costs of recovering the goods.
6.1 Customer satisfaction is our top priority. If you are not happy with your goods or need to exchange an item for a different size or product you may return your goods at any time up to the end of 30 days after you receive the goods.
6.2 We require that you return the goods to us in an unused and otherwise re-saleable condition.
6.3 Our address for all returns is Derek Rose Ltd, Victor Mill, Worrall Street, Congleton, Cheshire CW12 1DT, UK and we request that you contact us as set out below in relation to such returns.
6.4 In the event of any failure to return any goods to us which have been validly cancelled, we shall have the right to charge any costs of recovery of the goods. We request that all goods are returned within 30 days of the date of your receipt of the goods and will make refunds to you in accordance with these terms within 30 days of the date of our receipt of goods.
6.5 For further information you can contact one of our customer service representatives who will be happy to talk you through the procedure, simply call +44 (0) 800 996 1995 or send an email to email@example.com .
6.6 All accurately returned products will be credited to the original purchasers chosen method of payment including sales taxes for all EU country shipments excluding shipping charges. Refunds of international customs duties and sales taxes are excluded on shipments outside the European Community (EU) except for orders to the US that are placed on our US site.
6.7 Made-to-order, personalised, monogrammed or altered items cannot be cancelled (from the moment your order has been submitted) or returned for exchange or refund. This does not affect your statutory rights.
7. Warranty and Liability
7.1 All goods supplied directly by DEREK ROSE are warranted free from defects in workmanship or materials for a period of 1 year. This warranty does not affect your statutory rights as a consumer.
7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with DEREK ROSE’s instructions, or any alteration or repair carried out without DEREK ROSE’s approval.
7.3 If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should contact DEREK ROSE by calling our Customer Service representatives on +44 (0) 800 996 1995 or by emailing firstname.lastname@example.org
8. Data Protection
8.1 DEREK ROSE will take all reasonable precautions to keep the details of your order and payment secure, but unless DEREK ROSE is negligent, DEREK ROSE will not be liable for unauthorised access to information supplied by you.
8.2 DEREK ROSE will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. You can correct any information about you in the ‘My Account’ page after logging in.
8.3 DEREK ROSE would like to notify you of similar products and offers that may be of interest to you from time to time. If you do not wish to be notified of these, please unsubscribe in the ‘Mailing List’ section of ‘My Account’ or send us an email at email@example.com from your email account with which you have registered with us.
8.4 DEREK ROSE reserves the right to use customer comments, reviews and statistics derived from customer feedback on an anonymous basis.
9.1 We may use technology to track the patterns of behaviour of visitors to our site and ‘personalise’ your viewing experience. This can include using a ‘cookie’ which would be stored on your browser. The information collected in this way can be used to identify you unless you modify your browser settings. You can usually modify your browser to prevent this happening. However, the site may not work as well as it might if you switch off cookies.
10.1 DEREK ROSE may change these terms of sale without notice to you in relation to future sales.
10.2 DEREK ROSE will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. DEREK ROSE would like to notify you of products and offers that may be of interest to you from time to time, but if you would not like to be notified of these, please unsubscribe in the ‘Mailing List’ section of ‘My Account’ or send us an email at firstname.lastname@example.org from your email account with which you have registered with us. You can correct any information about you in the ‘My Account’ page after logging in.
10.3 DEREK ROSE may at its discretion record telephone calls for the purposes of staff training and quality control. Tapes will be erased after review.
11.1 A Free hammam towel is available with the purchase of any swim short for a limited time only. Only 1 hammam towel is available per qualifying order. If the swim shorts are returned, the hammam towel must also be returned at the same time within the same returns shipment. If the free hammam towel is not returned with the return of any swim shorts, the price of the hammam towel will be deducted from any qualifying return amount. This offer can be withdrawn at any time without notice.