The Good Apparel Consumer Terms and Conditions
Effective date: 31 October 2019
Welcome to The Good Apparel.
By accessing and using this website, you agree to be legally bound by these Terms. Please read the Terms carefully. If you do not agree with one or more provisions of these Terms, you should not use The Good Apparel.
- GENERAL INFORMATION
- USER ACCOUNT
- THE PRODUCTS AND PRICES
- SHIPPING AND DELIVERY
- PLACING ORDERS (technical steps to conclude a sales contract)
- RIGHT OF WITHDRAWAL AND RETURNS
- PAYMENT PROCESSING
- MARKETING, ADVERTISEMENT, AND INFORMATIONAL NOTICES
- PROHIBITED USE
- INTELLECTUAL PROPERTY
- THIRD-PARTY LINKS
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- GOVERNING LAW AND DISPUTES
- Sellers’ terms and conditions governing Sellers’ access and use of The Good Apparel; and
- other individual terms and conditions made available by us through The Good Apparel.
2.1. Registration of your Account. In order to use the full functionality of The Good Apparel, place orders, and purchase products through The Good Apparel, you may create a User account (the “Account”). The Account can be created directly on The Good Apparel by submitting your full name, email address and a password.
2.3. User’s warranties. By registering the Account on The Good Apparel, you acknowledge, agree, and warrant that you:
- will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with the use of The Good Apparel;
- will provide only true, accurate, complete, and up-to-date personal data;
- will update your Account as soon as any of your personal data or other information changes;
- are at least 18 years old;
- can conclude legally binding contracts with us;
- are not under any type of judicial interdiction;
- will register a single Account (multiple Accounts registered by the same person are not allowed); and
- are a human being and not a machine (machine-generated Accounts are not allowed).
2.5. Deletion of the Account. At any time, the User may delete its Account through the settings section of the Account or by sending a request directly to us. Upon deletion of the Account, these Terms shall terminate.
2.6. Suspension and termination of the Account. We reserve the right to suspend or terminate the Account if, in our sole discretion, we have grounds to believe that the User’s use of The Good Apparel seriously and/or repeatedly breaches these Terms. We may also suspend or terminate the Account upon a lawful request of a public authority.
3.1. The products featured on The Good Apparel (the “Products”) may be available in limited quantities and may be returned or exchanged in accordance with the Terms.
3.4. Availability. The Products are available as long as they are displayed on The Good Apparel or as long as Sellers’ stocks last. An “out of stock” notice placed next to the Products indicates that the Product is not available. The Sellers are solely responsible for keeping the Products in stock and delivering the Products. If a Seller notifies us that a Product is not available or is out of stock, we will place a notice on The Good Apparel without undue delay. However, we cannot guarantee that the stock information provided to us by the Sellers is always accurate. If the Seller notifies us that a Product is out of stock after you have placed an Order (as defined hereunder) of the said Product, we will promptly notify about the unavailability of the Product and reimburse you the fees paid by you for the Product by using the same means of payment as you used for the initial transaction. You will not incur any fees as a result of such reimbursement.
- limit the sales of the Products for any person, geographic region or jurisdiction and may exercise this right on a case-by-case basis;
- limit the quantities of a Product for sale;
- change the descriptions of the Products or pricing at any time with or without prior notice; and
- discontinue the sale of a Product at any time.
4. SHIPPING AND DELIVERY
4.1. Shipping. We will arrange for the Products that you purchase to be delivered to the delivery address that you specify during the checkout process. The delivery of the Products is the sole responsibility of the Sellers. If you order the Products from several different Sellers, your order may be delivered in separate packages and the delivery time for each package may differ. Please note that the Sellers do not deliver to P.O. boxes. Any applicable shipping charges will be calculated and displayed to you during the checkout. After the Products have been dispatched, you will receive a shipment confirmation email with a tracking number. The Sellers will only ship Products to countries located in Europe. The estimated delivery times and fees are indicated on each product page and remain subject to change at our sole discretion. Please note that the delivery times are estimates only and may depend on the operations of the Sellers and third-party delivery service providers. If you have not receive your Product(s) during the specified delivery times, please contact us and we will look into your order.
- you provided the wrong address for delivery;
- there is a mistake in the address for delivery that was provided;
- the address for delivery is not reasonably or safely accessible;
- if in-person receipt is not required, there is no easy and secure means of leaving the Products at the address for delivery and there is no person available to accept delivery; or
- if in-person receipt is required, there is no person available to provide a signature.
5. PLACING ORDERS (technical steps to conclude a sales contract)
5.1. Placing orders. To purchase Products on The Good Apparel, you need to place an order (the “Order”) and conclude a sales contract with a Seller. The technical steps for concluding a sales contract include:
- adding the selected Products in your online shopping cart by (i) visiting the webpages of the selected Products and (ii) clicking on the “Add to cart” button;
- clicking on the icon “Shopping cart” located on the top right corner of the The Good Apparel website;
- reviewing the Order and clicking on the “Checkout” button;
- logging in to your Account or choosing the option to checkout without the Account by submitting an email address only;
- adding the requested shipping and billing information;
- clicking on the button “Pay now”, “Pay with PayPal” or “Pay with GPay”; and
- completing the payment transaction by using the chosen Payment Processor (as defined hereunder).
6. RIGHT OF WITHDRAWAL AND RETURNS
6.1. Right of withdrawal. If you are a consumer (i.e. a natural person who is acting for purposes which are outside his/her trade, business, craft or profession), you have the right to withdraw from a sales contract with a Seller, without giving any reason, within 14 days from the day on which you acquired, or a third party other than the carrier and indicated by you acquired, physical possession of the Products. You cannot exercise the right of withdrawal in situations listed in section 6.6 of the Terms.
6.2. How to exercise your right of withdrawal. To exercise your right of withdrawal, you must inform us within 14 days from the day on which you acquired, or a third party other than the carrier and indicated by you acquired, physical possession of the Products of your decision to withdraw from the sales contract by an unequivocal statement. You can use the following email address to exercise your right of withdrawal: [email protected]
6.3. If you are a business client, the right of withdrawal may not apply to you. Please contact us for more information.
6.4. Effects of withdrawal. If you withdraw from a sales contract with a Seller and/or return the Products that meet the return criteria (e.g., are not customised or made to order, unworn, in an impeccable state, contain original labels, and are in their original packaging) and are not subject to section 6.6 of the Terms, we will reimburse to you all payments, including a part of the costs of delivery that you paid (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered on The Good Apparel), without undue delay and in any event no later than 7 days from the day on which the Seller has received the Products back from you. We will not reimburse you the fees incurred by you as a result of shipping the Products back to the Sellers. You will need to pay all shipping fees associated with returning the Products. We will carry out reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly requested that we use a different payment method. In any event, you will not incur any fees as a result of such reimbursement. The reimbursement may be withheld until the Seller receives the returned Products and the Products are assessed as being properly returned back (e.g., the Products are in an impeccable state, unworn, and labelled).
6.5. Returns. If you would like to withdraw from a sales contract, you have to return the Products to the Seller without undue delay and in any event no later than 14 days from the day on which you acquired, or a third party other than the carrier and indicated by you acquired, physical possession of the Products. The deadline is met if you send back the Products before the period of 14 days expires. The shipping costs to return the Products shall be paid fully by you and are non-refundable. If you have ordered the Products from a few different Sellers, you have to return the Products to each Seller separately and, as a result, you may incur multiple shipping costs. The Products should be sent back to the Seller after having been validated on The Good Apparel return portal. To be entitled to a refund, the Products must be (i) unworn, (ii) in an impeccable condition, (iii) with the original tags on, and (iv) in their original packaging. If any of these conditions are not met, we will not refund you for the returned Product(s). Your right of withdrawal cannot be exercised and the Products cannot be returned in the situations listed in section 6.6 of the Terms.
6.6. Exceptions to the right of withdrawal. The right of withdrawal does not apply to:
- the Products that are made to your specifications or are clearly personalised (e.g., clothes made to order or customised clothes);
- the Products which are liable to deteriorate or expire rapidly;
- the Products which are not suitable for return due to health protection or hygiene reasons (e.g., underwear and swimwear with removed hygiene stickers) or were unsealed after delivery;
- the Products which are, after delivery, according to their nature, inseparably mixed with other items;
- the Products that are worn, dirty, damaged, do no have original labels, or are not in their original packaging; and
b) request a reduction of the Price (please contact us for further information), which the Seller may or may not agree to in its sole discretion; or
c) request that the Product be replaced with the same non-faulty Product or a similar Product (please contact us for further information).
7. PAYMENT PROCESSING
7.1. All payments related to an Order will be processed by our third-party payment processors Visa, MasterCard, Maestro, American Express, Shopify Pay, Google Pay, Apple Pay, PayPal, TransferWise and others (collectively, the “Third-Party Payment Processors”). You agree not to hold the Company liable for payments that do not reach us because you have quoted incorrect payment information or the Third-Party Payment Processors refused the payment for any other reason.
7.2. Please note that the Third-Party Payment Processors may collect from you some personal data to allow them to process the payments requested by you. Unless it is strictly necessary for accountancy purposes, we do not collect or store any payment information provided by you to the Third-Party Payment Processors, including your credit/debit card numbers. The Third-Party Payment Processors handle all the steps in the payment process through their systems, including data collection and data processing.
8. MARKETING, ADVERTISEMENT, AND INFORMATIONAL NOTICES
9. PROHIBITED USE
9.1. You are not permitted to use The Good Apparel in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
- any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
- provision of false, inaccurate, or misleading information;
- gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
- spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
- spreading ethnically, racially, or otherwise objectionable information;
- sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour;
- advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
- copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening The Good Apparel;
- interfering with or abusing other Users of The Good Apparel;
- using bots and other automated methods; or
- collecting and disclosing any information about other Users of The Good Apparel.
10. INTELLECTUAL PROPERTY
10.1. Content of The Good Apparel. Most of the content made available on The Good Apparel is owned by the Company, its partners, agents, licensors, vendors, and/or other content providers (the “Company’s Content”). The Company’s Content includes, but is not limited to, text, images, audiovisual content, source code, trademarks, service marks and trade names. The Company’s Content is protected by the applicable intellectual property laws and international treaties.
You are not allowed, without obtaining a prior written permission from us, to:
- copy Company’s Content;
- distribute Company’s Content;
- disassemble, make alterations, decompile, reverse engineer, translate, and adapt Company’s Content; and
- rent, loan, use, lease or attempt to grant other rights to Company’s Content to third parties.
- identification, with sufficient detail, of the copyrighted work that you believe has been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- your contact details allowing us to respond to your claim;
- the following statement: “I believe in good faith that the use of the material in the manner described of is not authorised by the copyright owner, its agent, or the law”; and
the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner, or am authorised to act on behalf of the owner of, an exclusive right that is allegedly infringed”.
11.1. We use reasonable efforts to ensure that The Good Apparel is always accessible to you. However, the availability of The Good Apparel may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, or force majeure events. We take no responsibility for the unavailability of The Good Apparel caused by such factors.
12. THIRD-PARTY LINKS
12.1. The Good Apparel may contain links to websites and other online sources owned by third parties (e.g., social media providers and Third-Party Payment Processors). We are not responsible or liable in any manner for the content of such third-party links.
13. DISCLAIMER OF WARRANTIES
14. LIMITATION OF LIABILITY
14.1. Unless otherwise stated under applicable law, the Company shall not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with The Good Apparel, the Sellers, and the Products. You agree not to hold the Company liable in respect of any losses arising out of any event or events beyond Company’s reasonable control.
14.2. This Section 14 shall apply whether or not we have been advised of, or should have been aware of, the possibility of any such losses arising.
15.1. You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, and the Sellers harmless from any claim or demand, including attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms, the use of The Good Apparel and the Products, or your violation of any law or the rights of a third-party.
16.1. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
17. GOVERNING LAW AND DISPUTES
17.1. Governing law. To the extent permitted by the applicable law, these Terms shall be governed by the laws of England and Wales. Any disputes arising out of or in relation to these Terms shall be submitted to the exclusive jurisdiction of the courts in London, United Kingdom.
17.2. Consumers. If you are a consumer, Section 17.1 does not affect your statutory rights or prevent you from submitting a dispute under the law of, and in the country where you are resident.
17.3. Complaints. If you are not satisfied with the quality of the Products, you are kindly requested to contact us as soon as possible and express your concerns. We will respond to your request without undue delay.
17.4. Alternative dispute resolution. Please note that disputes between consumers and traders regarding goods or services bought online may be resolved out of court at a low cost in a simple and fast way on the web-based Online Dispute Resolution platform developed by the European Commission. The Online Dispute Resolution platform is available in 23 official languages of the European Union at https://webgate.ec.europa.eu/odr.
18.1. Term and termination. These Terms shall enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us or until you stop using The Good Apparel.
18.2. Amendments. We reserve the right to modify these Terms at any time, effective upon posting an updated version on The Good Apparel. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of The Good Apparel, or our business practices. We will send you a notification (if we have your email address) about any material amendments to the Terms that may be of importance to you. You are responsible for regularly reviewing these Terms. Your continued use of The Good Apparel after any changes shall constitute your consent to such changes. We also reserve the right to modify the Products and services provided through The Good Apparel at any time, at our sole discretion.
18.3. Breach of the Terms. If we believe, in our sole discretion, that you are in violation of these Terms, we may, in our discretion:
- send the you a formal warning;
- temporary suspend your Account;
- delete your Account;
- temporarily or permanently prohibit your use of The Good Apparel;
- report you to the relevant public authorities; and/or
- commence a legal action against you.
19.1. If you have any questions or notices regarding these Terms, please contact us by email at [email protected]