Terms & Conditions of Sale
These Terms & Conditions were last updated on May 2023.
On this page you will find the Terms & Conditions that relate to the conditions of usage and conditions of sale of this website.
www.dryrobe.com (the “Website”) is operated by dryrobe Limited (“dryrobe”). We are registered in England and Wales under company number 08782079 and have our registered office at Unit 4 Velator Way, Braunton, Devon, EX33 2FB. Our VAT number is GB 174 7725 76. The terms “Us”, “We” and “Our” refer to dryrobe. The terms “You” and “Your” refer to users of this Website.
SECTION 1 – GENERAL
1.1 Your use of this Website and/or Your placement of an order confirms Your agreement to these Terms & Conditions.
1.2 We reserve the right at Our discretion to change these Terms & Conditions at any time and continued use of this Website will be construed as Your acceptance of any new terms. If these Terms & Conditions are changed in any way, the date at which they were last updated will be featured at the top of this page. The version published on the Website is the version currently in force. We invite You to periodically read the Terms & Conditions to ensure You are fully informed of any relevant and applicable changes.
1.3 By using this Website, You agree that it is for Your own non-commercial use and that You will not use it to infringe, restrict or abuse the rights of others, or distribute material of an illegal nature including but not restricted to obscene, defamatory, racist, xenophobic, homophobic or other discriminatory or derogatory material or material which by its nature is spam or designed for the promotion of another organisation.
1.4 You will comply with the Terms of Service during Your use of this Website. You undertake that You will not gain or attempt to gain access to Our information technology systems to distribute any form of malicious software designed to affect Our own information technology systems or that of any other Website user. Whilst We have taken the necessary precautions to protect the Website (and dryrobe) from malicious software, We cannot be held responsible should a third party implement any form of malicious software on the Website and the resulting effects this may have on Our users. We reserve the right to withdraw access to the Website at Our discretion if We feel an individual is in breach of Our Terms & Conditions. We may also report to the police where necessary the details of any user who may be criminally liable under the Computer Misuse Act 1990.
1.5 Use of this Website infers Your agreement to observe all relevant intellectual property rights belonging to Us.
1.6 We reserve the right to change or remove any part of this Website or the entire Website itself at any time without notice. We also reserve the right to make the Website unavailable in whole or part at Our discretion without notice.
SECTION 2 – OTHER TERMS THAT MAY APPLY
2.1. These Terms & Conditions refer to the following additional terms, which also apply to Your use of Our Website:
SECTION 3 – LIABILITY & INDEMNITY
3.1. Whilst We will make every effort to ensure that Our Website meets the requirements set forth, We can in no way be held liable except where mandated by law for losses or damages caused by the use of the Website or any dealings with Us. This does not extend to liabilities which We cannot be excluded from under all applicable legislation.
3.2. These Terms & Conditions only govern the supply of 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 business, business interruption, or loss of business opportunity.
3.3. You agree to fully indemnify, defend and hold Us, Our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms & Conditions by You or any other liabilities arising out of Your use of this Website, or the use by any other person accessing the Website using Your shopping account and/or Your personal information.
SECTION 4 – WAIVER
4.1. If We do not take legal action, whether it be criminal or civil, against any party for breach of these Terms and Conditions of Sale, this does not affect Our right to do so in future against the same or different parties, whether it be for breaches of a similar or differing nature.
SECTION 5 – THE PRODUCTS
5.1. The images of the products on Our Website are for illustrative purposes only. A product's true colour may not exactly match that shown on Your device or its packaging may be slightly different and, if this is the case, Your product will not be deemed faulty.
5.2. CUSTOMISED PRODUCTS: It is an express condition of all contracts for the supply of designs, artworks, embroidery patterns, emblems, prints and embroideries that You possess the full authority and permission of the copyright holder or trade mark owner to reproduce the design, motif or logo in question. We supply the products utilising the designs, artworks, embroidery patterns, emblems, prints and embroideries provided by You in good faith and for lawful purposes only. Such supply does NOT constitute a warranty by Us that the design, logo or motif may be reproduced, and We accept no responsibility or liability for any unauthorised reproduction thereof and You agree to indemnify Us in full in respect of any claim, action or demand made against Us in respect of any such breach or in relation to the supply of designs, artwork, embroidery patterns, emblems, prints or embroideries by You. We reserve the right to decline an order if it is believed any third-party intellectual property rights are being breached or the image is deemed offensive or obscene.
SECTION 6 – PRICING
6.1. All prices on Our Website are in Pounds Sterling (GBP) unless otherwise stated. All charges will be made in Pounds Sterling (GBP) and, where applicable, this will then be converted to Your local currency at the exchange rate applied by Your card provider. We reserve the right to change, amend or alter the price of products on this Website at any time without notice. All prices displayed on the Website are inclusive of Value Added Tax (VAT) at the rate applicable at the time of purchase.
6.2. We take all reasonable care to ensure that the price of the products advised to You is correct. However, it is 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 a 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. If We accept and process Your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may end the contract, refund You any sums You have paid and require the return of any products provided to You.
6.3. If You think the price on an order confirmation email is wrong, please contact Us promptly to let Us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, We will charge You interest on incorrectly charged sums from the original due date.
6.4. As an online retailer We are not legally able to participate in the United Kingdom VAT refund schemes.
6.5. On occasion there may be promotional offers on products available for sale. We reserve the right to extend, change or withdraw any promotion at any time without further notice.
SECTION 7 – PAYMENT
7.1. This Website accepts payment by Visa, Visa Debit, MasterCard, American Express, ShopPay, PayPal and Google Pay.
7.2. All card payments will be processed by Our partner Shopify International Limited. We will take payment from Your account at the point of checkout.
SECTION 8 – OUR CONTRACT WITH YOU
8.1. The offer of products on this Website or the acknowledgement of having received Your request for an order does not amount to a contractual offer on Our part. Acceptance of Your order and the implied contractual offer will be confirmed by Us via email once We dispatch Your order in part or full. The acceptance of Your order will only pertain to the products named within the email confirming dispatch of Your products. We reserve the right not to accept Your order, entirely or partially, for any commercial reason whatsoever.
8.2. Sometimes We reject orders, for example, because a product is unexpectedly out of stock or because the product was mispriced by Us. When this happens, We will let You know as soon as possible and refund any sums You have paid.
SECTION 9 – CANCELLATION POLICY
9.1. You may cancel an order made on this Website up to 14 days after You have received Your delivery. Your right to cancel an order does not apply to personalised products or products that have been made to Your specification. Your delivery charges will be refunded up to the value of the least expensive delivery method that We offer, provided that this is a common and generally acceptable method. For example, if We offer delivery of products within 5-10 working days at one cost, but You choose to have the products delivered the next day for a higher cost, then We will only refund You what You would have paid for the cheaper delivery option. However, if only part of Your order is cancelled, the delivery charge will not be refunded.
9.2. To cancel this contract, You need to do so in writing. Please contact Our Customer Service Team stating the order number and giving Your clear instruction to cancel the order. You may also cancel the contract using the Model Cancellation Form found here.
9.3. If You have contacted Us to cancel Your order before You have received Your products, unless cancellation takes place within 30 minutes of Your order placement, Your cancelled order may already be picked and will be delivered to You. Please refuse any delivery of cancelled products or contact Our Customer Service Team to arrange for them to be returned to Us.
9.4. In the meantime, You must take reasonable care of the products. We will approve the return of the products only if the products sent back to Us are in perfect condition, new, unused and with all tags and labels attached. In such a case, We will endeavour to reimburse the price originally paid by crediting the refund to the card/payment method You originally used to pay for the products, within 14 days from the date of receipt of the returned products. However, please clarify with Your payment provider or bank how long they will take to process the refund as this is beyond Our control.
9.5. If the products appear to be worn or used, are missing any of the labelling or tags, do not comply with these Terms & Conditions, or We have any reason to believe that the products have been altered, are an imitation of the products, or were not purchased directly through the Website, We will not accept the return and will return the products back to You.
SECTION 10 – DELIVERY
10.1. We aim to deliver in the quickest time possible and the cost and timings of delivery will be displayed on Our Website. The timing of delivery of products is not of the essence. If Our supply of the products 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.
10.2. If no one is available at Your address to take delivery and the products cannot be posted through Your letterbox, We will leave You a note informing You of how to rearrange delivery or collect the products from a local depot.
10.3. If, after a failed delivery to You, You do not re-arrange delivery or collect them from a delivery depot, We will contact You for further instructions and may charge You for storage costs and any further delivery costs. If, despite Our reasonable efforts, We are unable to contact You or re-arrange delivery, We may end the contract and We may charge You reasonable compensation for the net costs We will incur as a result of Your breaking the contract.
10.4. The products will become Your responsibility from the time We deliver the products to the address You gave Us or You collect it from Us. You will own the products once We have received payment from You in full.
10.5. If You wish to make a change to the products You have ordered, please contact Our Customer Service Team. We will let You know if the change is possible. If it is possible, We will let You know about any changes to the price of the products, the timing of supply or anything else which would be necessary as a result of Your requested change and ask You to confirm whether You wish to go ahead with the change. If We cannot make the change or the consequences of making the change are unacceptable to You, You may want to end the contract.
10.6. We may have to suspend the supply of products to You to:
10.6.1. Deal with technical problems or make minor technical changes;
10.6.2. Update the products to reflect changes in relevant laws and regulatory requirements; or
10.6.3. Make changes to the products as requested by You or notified by Us to You.
10.7. We will contact You in advance to tell You We will be suspending supply of the products, unless the problem is urgent. You may contact Us to end the contract for products if We suspend it or tell You We are going to suspend it, and We will refund any sums You have paid in advance for the products in respect of the period after You end the contract.
10.8. Once an item has been dispatched by Us You can track the progress via the courier website using the link provided in Your dispatch confirmation email.
SECTION 11 – RETURNS AND FAULTY PRODUCTS
11.1. We don’t offer direct exchanges, so please return the product to Us and We will issue a refund in accordance with these Terms & Conditions.
11.2. After receiving Your products, You have 28 days within which to return them, should You wish.
11.3. Custom embroidered products are not returnable unless faulty. This provision does not affect Your statutory rights.
11.4. Our returns are managed by ReBOUND Returns. Please only return products using the procedure outlined on Our returns Page . Returns cannot be accepted at any other address associated with dryrobe.
11.5. You must have proof of purchase from Our Website for Us to process a refund. Items purchased from a third-party stocklist must be returned to the store they were purchased from.
11.6. All products must be returned in the condition in which they were received, complete with all the original packaging and labelling.
11.7. If an item You receive turns out to be faulty (for example, it has a manufacturing fault or is not fit for purpose), You are entitled to a full refund under Your statutory rights. In addition, dryrobe offers a Performance Guarantee and We will refund or replace products due to defects in workmanship and/or materials within a year of purchase.
11.8. The dryrobe Performance Guarantee covers the original owner (with proof of purchase). Products damaged through accident, improper care or negligence, normal wear and tear or the natural breakdown of materials is excluded from the Performance Guarantee. Damage due to wear and tear can be repaired at a reasonable charge (at Our discretion).
11.9. To return a faulty product, please get in touch with Our Customer Service Team with Your order number, a description of the product and the fault/damage and photographic evidence.
11.10. If Your parcel has been damaged upon delivery, please take a photograph and send it straight to Our Customer Service Team. All claims for parcels arriving damaged must be made within 28 days of the delivery date.
11. Unless proof of damage has been verified by a member of the Customer Service Team, We cannot action a refund, credit or replacement.
11.12. Please do not return any damaged products unless advised by a member of Our Customer Service Team, as it may result in a slower resolution time.
SECTION 12 – REFUNDS
12.1. Once We have received Your products and processed Your refund, You will receive an email confirmation from Us.
12.2. Refunds can take 10 working days to process, so please allow 10 working days from the date We receive Your returned products before getting in touch.
12.3. Refunds will be made to the same card/payment method that You used to pay. You will not be refunded Your delivery cost unless You are returning faulty products.
12.4. Please clarify with Your payment provider or bank how long they will take to process the refund as this is beyond Our control.
SECTION 13 – OUR RIGHTS TO END THE CONTRACT
13.1. We may end the contract for the products at any time by writing to You if:
13.1.1. You do not make any payment to Us when it is due;
13.1.2. You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the products; or
13.1.3. You do not, within a reasonable time, allow Us to deliver the products to You or collect them from Us.
13.2. If We end the contract in the situations set out in this section We will refund any money You have paid in advance for products We have not provided.
SECTION 14 – YOUR RIGHTS TO END THE CONTRACT
14.1. If You are ending a contract for a reason set out below, the contract will end immediately, and We will refund You in full for any products which have not been provided. The reasons are:
14.1.1. We have told You about an upcoming change to the products or these terms which You do not agree to;
14.1.2. We have told You about an error in the price or description of the products You have ordered and You do not wish to proceed;
14.1.3. There is a risk that supply of the products may be significantly delayed because of events outside Our control;
14.1.4. We have suspended supply of the products, or notified You that We are going to suspend them; or
14.1.5. You have a legal right to end the contract because of something We have done wrong.
14.2. We may charge You compensation for the net costs We incur as a result of Your breaking the contract.
SECTION 15 – HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1. We will use the personal information You provide to Us:
15.1.1. To supply the products to You;
15.1.2. To process Your payment for the products; and
15.1.3. If You agreed to this during the order process, to give You information about similar products that We provide, but You may stop receiving this at any time by contacting Us.
15.2. Where We extend credit to You for the products, We may pass Your personal information to credit reference agencies and they may keep a record of any search that they do.
15.3. We will only give Your personal information to third parties where the law either requires or allows Us to do so.
SECTION 16 – MISCELLANEOUS
16.1. We may transfer Our rights and obligations under these Terms & Conditions to another organisation.
16.2. You may only transfer Your rights or Your obligations under these Terms & Conditions to another person if We agree to this in writing.
16.3. This contract is between You and dryrobe. No other person shall have any rights to enforce any of its terms.
16.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms & Conditions 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.
16.5. 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 & Conditions, 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. For example, if You miss a payment and We do not chase You but We continue to provide the products, We can still require You to make the payment at a later date.
16.6. These Terms & Conditions and any policies posted by Us on the Website constitute the entire agreement and understanding between You and Us and it shall supersede any prior or contemporaneous agreements, communications and proposals, whether written or oral, between You and Us.
16.7. These Terms & Conditions and any disputes relating to a contract under these Terms & Conditions are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales.