Terms of Use
Owner
This website found under the http://www.merchantsofcolour.com /co.uk and http://www.lechertierbarbe.com / co.uk URL are operated solely by Merchants of Colour England. You can contact us at: Merchants of Colour, Windsor Works, Victoria Rd, Hebden Bridge, HX7 8LN. info@merchantsofcolour.com
By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Website Use.
Order Of Acceptance
All orders placed by you are subject to our acceptance. We reserve the right at all times and at our sole discretion to refuse to accept an order for any reason and without liability to you.
Orders may only be placed by individual customers and corporations purchasing goods other than for resale. We do not offer wholesale for resellers. After you have placed the order with us, we will send you an order confirmation by email with your order number and details of the product you have ordered.
Ownership Of Rights
All rights in this Site, including copyright and moral rights, are owned by or licensed to Merchants of Colour. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, delete, distribute or post anything on this Site for any purpose.
CONTENT AVAILABLE ON MERCHANTSOFCOLOUR
The content available on MerchantsofColour is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device.
Therefore, User may not copy and / or download and / or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer / assign to third parties or create derivative works from the content, even of third parties, available on MerchantsofColour, nor allow any third party to do so through the User or its device, even without User's knowledge. Where explicitly stated on MerchantsofColour, the User may be authorised, only for personal use, to download and / or copy and / or share some content available through MerchantsofColour, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Accuracy of content; The images of products on this Site are illustrative only. The packaging may vary from that shown. The weights and dimensions are approximate only. We have made every effort to display as accurately as possible the colour of the products that appear on the Site. However, as the actual colours you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the products on delivery. To the extent permitted by applicable law, Merchants of Colour disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Site. We are not responsible for the content of any off-website pages or any other websites linked to or from this Site. Links appearing on this Site are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Site, in any off-website materials, or in any linked websites.
Changes to the Site and Terms of Website Use
To the extent permitted by applicable law, we reserve the right to modify, change or delete any part of these Terms of Website Use at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. The Effective Date of the current version of the Terms of Website Use is at the top of this page. Your continued use of the Site after the changes are effective constitutes your agreement to all such changed Terms of Website Use. We may, with or without prior notice, terminate any of the rights granted by these Terms of Website Use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. We also reserve the right, subject to applicable law, at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
We do not guarantee that the Site, or any content on it, will be free from errors or omissions. Access to the Site is permitted on a temporary basis. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
4. Order placement
You may browse our website without registering but when placing your first order you can choose to do so as a guest or by registering with us. If you decide to register you will need to complete certain fields on an order form. Your username will be the email address you give us. In doing so you give us a commitment that you are authorised to use the address in question. You will also be asked to input a password.
You should not disclose or transfer your password to any other person. You must notify us immediately if you become aware of any unauthorised use of your password. Without prejudice to our rights, we may suspend your access to the website without liability to you if in our reasonable opinion such action is necessary to safeguard the website.
Before you submit your order you will be given the opportunity to review your selection, check the total price of your order and correct any errors. Your order represents an offer by you to purchase products.
If products shown on our website are not available or are incorrectly priced or incorrectly described, we shall not be obliged to sell you such products.
We reserve the right to change at any time and without any previous notice the items offered on our website.
It is important that you check carefully the quantity of goods that you order from us. We will deliver what you order. Whilst you have a right of cancellation you must pay for the delivery costs back to us.
Descriptions and product information
We have made every effort to represent the colours of our products as accurately as possible. However due to differences in monitors we are unable to guarantee that the colour you will see on your monitor will reflect the true colour of the product. If you have any questions about the product you may of course contact us by emailing shop@lockhatters.co.uk.
The measurements given for each hat and cap are in the European measurement of centimetres. Please note that due to the handmade nature of some of the pieces, sometimes measurements may vary slightly.
Lock & Co. Hatters warrant that the goods that you buy will at the time of delivery to you correspond to the description given by us. Except where you buy as a consumer (as defined in Section 12 Unfair Contract Terms Act 1977) all other warranties, conditions and terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute or common law or otherwise are excluded. No statement description information warranty condition or recommendation contained in any catalogue list or similar shall be construed to enlarge, vary or override in any way the terms of this clause.
7. Prices
All prices on the website are quoted in pounds sterling (£). They include VAT @ 20% (payable if delivery is within the EU) but exclude delivery charges, which are detailed separately.
Please note that on all orders placed for delivery outside the UK/EEC it is the customer's responsibility to pay any subsequent import duties that may be applicable for deliveries within their own countries.
We may change the prices on the website at any time and without any notice.
We try to ensure that all prices given on the site are correct. However, mistakes can occur. If we have quoted an incorrect price on the site and if the correct price is lower than that quoted, we will automatically assume that you wish to continue with your order. However if the correct price is higher than that originally quoted, we will contact you to ask if you still want to order the goods.
Payment terms - you confirm that you are authorised to use the credit card/debit card whose details you enter. All credit /debit cards are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order. Furthermore we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. We have no responsibility for your bank or card issuer charging you as a result of our processing of your credit /debit card payment in accordance with your order.
8. Delivery
Where there is a delay in the supply of goods you have ordered, we will advise you as soon as possible. If the goods cannot be delivered within 30 days of your order, we will notify you of this delay and you may either cancel your order or agree a further delivery time with us.
9. Delivery charges
Delivery charges will be added to your order.
10. Returns and exchanges Policy
28 day returns guarantee - we hope you will be totally satisfied with anything you buy from our website. If, for any reason you are unhappy with your purchase, you can return it unworn and unused within 28 days of the date of dispatch. The date the items were despatched to you by us will be detailed in the documentation with your order. All items which you wish to return must be returned in their original packaging or equivalent with their labels intact.
You may either exchange the item for something else, subject to stock availability or receive a full refund of the price paid.
The refund can only be made to the card used when paying for the order. We will email you as soon as possible once we have received the goods back from you. Additionally, we will place a credit to the credit/debit card used to purchase the goods normally within 14 days of receipt of the goods by us.
If you wish to exchange an item, you will have to pay any difference in cost of the item and any additional delivery cost.
Please note that we do not offer returns or exchanges on the following items purchases online or in the shop:
Women’s couture hats since these are ‘made to order’ and bespoke to the customer.
Monogrammed items cannot be returned or exchanged unless there is a fault on Lock & Co. Hatters’ behalf.
Men’s special order hats cannot be returned or exchanged
Men's silk top hats and any hard hats that have been conformed, cannot be returned.
11. Returns procedure
Please wrap your parcel securely to avoid damage in transit back to us. We advise customers reuse the packaging that the order was supplied in. Please note we cannot accept an item for refund if it has been damaged in transit to us. We recommend that you to obtain a proof of posting certificate if using the Post Office. Please clearly indicate goods are being either returned for refund or exchange.
Please return your parcel to:
Returns
Lock & Co. Hatters
6 St. James’s Street
London
SW1A 1EF
UNITED KINGDOM
In any event damaged, worn or used items will not be refunded or exchanged.
12. Distance Selling Regulations
Under the Consumer Protection (Distance Selling) Regulations 2000 and 2005 you have a right to cancel orders for items purchased from our website within a statutory cooling -off period. This is normally 7 working days from the day after the date on which the item in question was delivered.
To cancel your order, please provide us with notice either by letter or email, in each case within the statutory cooling off period and giving details of the items ordered and (where appropriate) their delivery date.
If you exercise your right to cancellation after the item has been delivered to you, please follow the instructions for returns above to the stated address. Please note you will be responsible for the costs of returning the items to us unless we delivered it in error.
13. Delivery, title and risk
Orders will be sent to the delivery address that you have submitted on your order form. We cannot be held responsible if that delivery address is incorrect. Please note that we cannot deliver to PO boxes. (There are some delivery restrictions on where we can deliver and these will be given to you on request.) Title of the products will be transferred to you on delivery.
Once a product has been received by you, all risk of damage to or loss of the product will pass to you.
14. Trademarks, copyright, intellectual property
The Lock & Co. Hatters trademark remains the exclusive property of James Lock & Co. Ltd. The trademark is protected by International and UK Copyright and other Intellectual Property laws.
15. Privacy statement
Merchants of Colour take the issue of the privacy and protection of your personal data very seriously. Lock & Co. Hatters is committed to complying with all relevant Data Protection legislation. We use the internet technology sometimes known as "cookies" to store the information that you give us. This helps us to understand the products you are interested in. We do not store credit/debit card details you give us other than in connection with the transaction you authorise. We will not disclose any of your personal information to anyone outside Lock & Co. Hatters. We may from time to time contact you with regard to our products and services. You can at any time request that we make no further contact with you by emailing us at shop@lockhatters.co.uk. No form of communication over the internet is totally secure. Lock & Co. Hatters will always use reasonable endeavours to protect the personal information that you give us but we cannot guarantee security totally and in placing an order with us you are acknowledging that you are placing your personal information on the internet at your own risk.
16. Customer Experience
The Customer Experience is subject to availability. The most recent information on availability of our artists products can be provided when you contact us.
Merchants of Colour, Lechertier Barbe are all trademarks of Merchants of Colour Ltd; all being registered trademarks. We are British manufacturers, and have acquired both registered and unregistered rights in our trademarks (listed above) and our logos. No-one may use our trademarks without our express written permission. Neither the purchaser nor the recipient is entitled to use any MerchantsofColour. trademarks or logos.
The MechantsofColour. privacy policy explains how we use any personal information we collect about you when you book this experience, make purchases or register on our website.
We collect information about you when you register with us or place an order for products or services. We also collect information when you voluntarily complete customer surveys, provide feedback and participate in competitions. Website usage information is collected using cookies.
We collect information about you to process your order, manage your account and, if you agree, to email you about other products and services we think may be of interest to you. We use your information collected from the website to personalise your repeat visits to our website.
MerchantsofColour. will never share your information for marketing purposes with companies outside Lock & Co. In processing your order, we may send your details to, and also use information from fraud prevention agencies. We would like to send you information about products and services of ours which may be of interest to you. If you have consented to receive marketing, you may opt out at a later date. You have a right at any time to stop us from contacting you for marketing purposes. If you no longer wish to be contacted for marketing purposes, please email info@merchantsofcolour.com or call us on +44 7895709707
You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please email or write to us at the following address: Lock & Co. Hatters, 6 St. James’s Street, London, Sw1A 1EF. We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate.
TERMS AND CONDITIONS OF SALE
PURCHASE
PURCHASING PROCESS
Each order sent constitutes an offer to purchase the products. Orders are subject to availability and to the Owner’s discretionary acceptance.
Users must select the products and complete the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same, and is subject to payment of the price, taxes and shipping and further payment fees indicated in the order summary.
The Order Processing Receipt does not constitute acceptance of the order. The order shall be confirmed at the time the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right to invalidate an order by informing the User within 5 business days of placing the order, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and the delivery costs incurred by the User.
METHODS OF PAYMENT
Brooksengland uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
Any declined payment costs shall be borne by the User.
2. Definitions
2.1 Capitalised terms have the following meanings in these terms and conditions:
2.1.1 “Consumer” means an individual acting outside his or her trade, business, craft or profession.
2.1.2 “Comment” means any review, comment or rating.
2.1.3 “Content” means all information including text, artwork, images, photos, videos, messages, Comments etc.) which are published, stored or sent on or in connection with our website.
2.1.4 “User” means a person who uses our website (whether or not registered with us).
3. Changes to the terms and conditions
3.1 We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
5. Your Content
5.1 You are responsible for your Content.
5.2 You must ensure that your Content is accurate and up to date, not misleading, complies with all applicable laws, regulations and codes of conduct and does not infringe any third party intellectual property or other rights (such as infringement of copyright). Also, the Content must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or similarly inappropriate.
5.3 Inclusion of your artwork on our website is in our absolute discretion. We reserve the right to remove your artwork without giving reasons even if we have previously approved it.
5.4 If you post a Comment, you promise that it is your independent, honest and genuine opinion.
5.5 You promise to us that you have (and will retain) all rights and permissions needed to enable us to use your Content as contemplated by the website and these terms and conditions.
5.6 Without prejudice to our above rights regarding removal of artwork, we reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
5.7 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
5.8 It is your responsibility to make your own backup of any Content stored within the website to protect you in case of loss or damage to such material. We are not responsible for such losses.
5.9 We reserve the right to irretrievably delete your Content following cancellation of this agreement or if your account has been inactive for at least one month.
6. Content of other Users
6.1 We do not recommend Content of other Users. If we showcase any artists, this is purely our opinion. You rely on all such information at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users.
6.2 You accept that we have no obligation to vet or monitor other Users. It is your responsibility to carry out careful and detailed investigations before dealing with another User. You should be aware that a person may not be who he or she claims to be.
6.3 You acknowledge that in using the website you may be exposed to offensive or other inappropriate Content or behaviour. If so, you must notify us immediately by using any report button or via the contact us page. We are under no obligation to enter into dialogue on the receipt of a complaint, nor are we obliged to act on every complaint received. All complaints must clearly explain the reason for complaint.
6.4 You acknowledge that we permit Users to post Comments in relation to your artwork, events or otherwise and that these will be publicly available for viewing and will remain so following cancellation of this agreement. We are not responsible for monitoring or editing such Comments. You acknowledge that Comments may be critical or defamatory of you. Notwithstanding that we may be aware or ought reasonably to be aware that such Comments caused or contributed to publication of a defamatory statement about you, you release us from any liability in connection with such defamatory statements provided we offer you a reasonable right of reply.
7. Guidance on our site
7.1 Any guidance or similar information which we ourselves make available on our website is intended as very general information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
8. Security
8.1 Your account on our website is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
9. Suspension / cancellation
9.1 We may at any time without cause immediately cancel this agreement including your right to use of our website.
9.2 Following cancellation of this agreement: Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our website if we have given you notice of cancellation.
10. Functioning of our website
10.1 We cannot guarantee that the website will be uninterrupted or error-free.
10.2 We are entitled, without notice and without liability, to suspend the website for repair, maintenance, improvement or other technical reason.
11. Liability
11.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
11.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
11.3 Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
11.3.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
11.3.2 such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
11.3.3 such loss or damage is caused by you, for example by not complying with this agreement; or
11.3.4 such loss or damage relates to a business.
11.4 Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (subject of course to our obligation to mitigate any losses).
11.5 The following clauses apply only if you are not a Consumer:
11.5.1 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
11.5.2 In no event (including our own negligence) will we be liable for any:
a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b) loss of goodwill or reputation;
c) special, indirect or consequential losses; or
d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
11.5.3 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.
11.5.4 This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
18. General
18.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement except insofar as expressly stated otherwise.
You must read, agree with and accept all the terms and conditions contained in this agreement and our privacy policy. If for any reason you do not agree with the above terms, you are prohibited from the use of this website.
Complaints If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.
MISCELLANEOUS