ECOMMERCE TERMS AND CONDITIONS
These terms and conditions govern our contract between you and FUTURE SELF CLOTHING LTD (incorporated in England and Wales with company number 11340382 and registered office address at 2nd Floor, National House, 60-66 Wardour St, London, W1F 0TA) (Hereafter "we", "us" or "our") for any purchases make through our website (“Products").
ORDERS AND CONTRACT WITH YOU
- When the contract for a purchase comes into force. Our acceptance of your order will take place when we email you to accept it at which point a contract will come into existence between you and us. Please note we may reject an order if we are unable to accept it, which may be due to an error in the price or description of that Product, unavailability or technical problems, in which case we will inform you, and not charge you (and will refund you if your payment has already been made).
PROVIDING THE PRODUCTS
- Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our Products are made on demand, all sizes, weights, capacities, dimensions and measurements indicated on the size chart on our website have a 10% tolerance.
- When we will provide the Products. If the Products are goods we will deliver them pursuant to the delivery method you choose at checkout. We ship internationally to the countries available to you to select at checkout. Where the Products are in a digital form we will make the digital content available for download by you as soon as we accept your order.
- We are not responsible for delays outside our control. If our supply of any Product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
- Ways to pay. Products must be paid for in advance. We use PayPal, Klarna and Stripe as our payment providers and accept MasterCard, Visa, Solo credit, debit cards, Apple Pay, Google Pay, Shop Pay and Klarna. We do not accept cash, money orders or cheques. You agree to pay all applicable fees and charges (including any applicable taxes). All prices are unit prices.
- Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. There may be an extra delivery charge which will be set out to you when you place your order.
- What happens if we get the price wrong? It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
YOUR RIGHTS TO CHANGE YOUR MIND
- When do you have a right to change your mind? If you are a consumer, then under the Consumer Contracts Regulations 2013, you have a right to change your mind and receive a refund within 14 days of after the day we email you to confirm that we accept your order, or, if earlier, until you start downloading or streaming that Product (in the case of digital content).
- When do you lose your right to change your mind? You do not have a right to change your mind if you have started to download or stream any Products (that are digital content), for example, once you have begun to download a sample pack, it is not refundable. We reserve the right not to issue a refund for Products which cannot be used by you due to hardware or software limitations/compatibility, or due to insufficient knowledge/know-how. You will bear the responsibility to have knowledge required to use the Product.
- If you qualify for a refund according to these terms and conditions, email us at email@example.com.
- Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your Product is goods, for example a t-shirt, 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 your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also rights to change your mind above.
If your Product is digital content, for example digital downloads, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you're entitled to a repair or a replacement.
b) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
c) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
See also rights to change your mind above.
LOSS OR DAMAGE SUFFERED BY YOU AS A CONSUMER
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the Products;
- If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. If you are a consumer we only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of data, loss of business, business interruption, or loss of business opportunity.
- We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version. Changes will only apply to future purchases of Products or use of the site.
OTHER IMPORTANT TERMS
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. 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. The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights.
OUR CONTACT DETAILS
- The full name of our company is FUTURE SELF CLOTHING LTD and our address is:
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at FUTURE SELF CLOTHING LTD. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in the UK before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which FUTURE SELF CLOTHING LTD’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
RETURNS AND NON-DELIVERY POLICY
Right to cancel: When you make a physical purchase from us from our website, you will have 14 days in which to inform us that you would like to return the Product and then another 14 days to deliver the Product back to us (at your cost).
During the Christmas period, any orders made between the 1st - 18th December may be returned until the 31st January 2023.
To request a return, please email us at firstname.lastname@example.org or by using our contact form. In your email, please include your order number (starts with FS), which product/s you'd like to return, reason for return, which product you would like in exchange or if you would like a refund. Please note that shipping cost is not included in the refund unless the Product sent is faulty or wrong.
We aim to respond to all emails within 3 working days but replies may be slower during busier periods. Once we've received your return, it may take up to 5 working days to process a refund or exchange. If you have not heard from us in this time please email customer service at email@example.com
We will always try and be fair and reasonable but unfortunately when Products are used we cannot accept returns (unless the Product in question in faulty).
There are also some Products which we might sell from time-to-time which we will not accept returns for, for example if it would be unhygienic to send them to another customer.
Due to the limited amount of stock and sizes we have for items purchased under the Archive Sale collection during Black Friday weekend - returns and exchanges will not be accepted.
We're really sorry if you've received a faulty item, we will resolve this for you as quickly as possible.
When reporting defective, faulty or incorrect Products, we have a specific procedure in place to help us deal with your issues as quickly as possible. The procedure is as follows:
Step 1: Take a picture of:
- the defective/ faulty garment that you have received showing the printed label at the back of the neck and/or the design;
- the specific faults/or errors of the Product in question. If the issue is related to the garment size, when taking the picture, place a tape measure across the garment showing the full width of the flat garment. The width that you should measure is the flat garment under the arms (please note that for the garment size to be considered faulty, there must be a difference in width of 10% than the published size on our size chart);
- if the issue is related to colour, please take your picture of the Product and of the colour defect in a natural light.
- Step 2: Email us at firstname.lastname@example.org with your photographs of the faulty Product(s) from Step 1 with the following details:
- Your full name;
- The address (including postcode/zip code) where the Product was delivered to;
- The date of your order and your order #Number; and
- A brief description of the fault or error.
Step 3: We will try and come back to you within 3 working days of your email and in any event as soon as possible. Where we accept the defect we can offer you either a:
- free of charge replacement; or
- A refund
Please note that we are unable to offer you a refund or replacement where the fault is due to the following circumstances:
- Garment shrinkage due to incorrect laundering;
- Garment and print damage due to use of tumble drying;
- The presence of a sheen due to the use of pre-treatment solution. (You are advised to wash any garments before first use);
- Excessive wear and tear; or
- Excessive time having passed between purchase and report of the defect.
IF YOU HAVEN’T RECEIVED YOUR ORDER
Sometimes orders can get lost in the post or deliveries are subject to delays for reasons that we cannot control. In these circumstances, we have a procedure in place for the reporting of the delay or non-delivery of an order. The procedure is as follows:
- If your order was meant to be delivered to a UK address, we ask that you wait 12 business days from the expected delivery date estimated in your order confirmation;
- If your order was meant to be delivered to an address outside of the UK, we ask that you wait 24 business days from the expected delivery date estimated in your order confirmation;
- If your order was sent by an expedited service, please get in touch with us when the guaranteed delivery window has passed. For example, if it was guaranteed for tomorrow and hasn't arrived by then, you can email us at email@example.com to let us know.
- Step 2: If, after waiting for those delivery windows set out in Step 1, you still haven’t received your Products you should let us know by emailing us firstname.lastname@example.org. In your email to us, please confirm the following information:
- Your full name;
- The confirmed shipping address (including postcode/zip code) (i.e. the address that you gave to us when making your order which was subsequently confirmed in your order confirmation email);
- The date of that individual order and your order #Number;
- A brief description of the nature of the non-delivery; and
- A daytime contact telephone number.
Step 3: We will try and come back to you within 72 hours of your email and in any event as soon as possible. Once we have investigated your issue further we can either:
- track the order and provide you with information as to the nature of the delay and the likely delivery date; or
- where no tracking information is available and the full 12 business days from the expected date of delivery have elapsed for deliveries in the UK, or 24 Business days where delivery is outside of the UK, we will accept the Products as being lost. In these circumstances we can arrange a refund or replacement.
Please note that we are unable to offer you a refund or replacement where the non-delivery is due to the following circumstances:
- You provided us with the incorrect shipping address;
- You, or the person receiving the order, were not available to accept the delivery and have failed to arrange re-delivery after the first attempt has been made; or
- You, or the person receiving the order, have refused to accept the delivery.
Please note that the date of the first delivery attempt is considered by us, and our couriers, to be the date of delivery. If you were unavailable to receive the Products at the date of delivery we kindly ask that you arrange a time for redelivery at a time when you will be available to accept them to avoid any disappointment.
You should read our returns policy in conjunction with the terms and conditions of purchase above.