Copperfield: Business Terms & Conditions

 

Welcome to our online shop at www.copperfieldshop.co.uk .

The website is operated by or on behalf of DC Clothing Ltd trading as Copperfield, a limited company, registered in England with registered company number 06964920, and registered office at C/O Apple Accountancy Services Ltd, 146 Manor Way, Borehamwood, Hertfordshire, England, WD6 1Q, and VAT registration number 975429967.

These are our online business to consumer terms and conditions of contract. By confirming your purchase, you accept that these terms and conditions form the basis of the contract between us (see more at Clause 1 below). Your statutory rights are not affected.

In this contract:

  • we’, ‘us’ or ‘our’ means DC Clothing Ltd trading as Copperfield;
  • you’ or ‘your’ means the customer purchasing our Product(s);
  • Order’ means an Order placed by a customer via our website for our Product(s);
  • ‘Order Confirmation’ means an email confirming acceptance of your Order (please see further clause 4 below)
  • ‘Product(s)’ means product(s) which are offered for sale by us on our website; and
  • ‘terms and conditions’ means these terms and conditions of the contract between you and us for the sale by us and the purchase by you of the Product(s).

1          Introduction

  • If you buy Product(s) on our website you agree to be legally bound by these terms and conditions. Please read these terms and conditions carefully and ensure that you understand them before placing an Order, because you will be required to accept these terms and conditions when ordering the Product(s). If you do not agree to comply with and be bound by these terms and conditions, you will not be able to order Product(s) through our website. 

1.2       These terms and conditions of contract apply only if you are buying Product(s) on our website as a consumer and by proceeding you warrant that you are categorised as such. You will not be categorised as a consumer. If you are purchasing as a business, trade or profession and if that does apply to you then please contact us at info@copperfieldshop.co.uk for our business to business terms and conditions.

1.3       You also agree to be legally bound by our Website Terms of Use (https://www.copperfieldshop.co.uk/pages/terms-conditions), Privacy Policy and Cookies Policy (https://www.copperfieldshop.co.uk/pages/privacy-and-cookies)

1.4       You should print a copy of these terms for your future reference.

 2         Information we give you

2.1       By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

2.1.1    visit https www.copperfield.co.uk ;

2.1.2    read the Order Confirmation (see section 4.4);

2.1.3    contact us by email at info@copperfieldshop.co.uk  or by writing to us at Copperfield, 3-5 Chequer Street, St Albans, Hertfordshire, AL1 3YJ. 2.2

2.1.4   If we have to change any key information once a legally binding contract between you and us is made, we will write to you and let you know.

3          Your privacy and personal information

3.1       Your personal information will be treated in accordance with our Privacy Policy (https://www.copperfieldshop.co.uk/pages/privacy-and-cookies) and our Cookie Policy (https://www.copperfieldshop.co.uk/pages/privacy-and-cookies).

  1. Ordering and availability

4.1       Below, we set out when a legally binding contract arises between you and us.

4.2       To order any Product, you must be at least 18 years of age (or any older age legally required under local law to bind yourself legally to these terms). By placing an Order for a Product, you confirm to us that you meet this requirement. 

4.3       Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. When you click on “Make Payment Securely” your Order is placed, but a legally binding contract is not formed at this stage (see Clause 4.4 below for when a contract is formed). You may check and correct any input errors in your Order up until the point at which you submit your Order.

4.4       Once we receive your order, a confirmation email will be sent to you. This acknowledgement does not, however, mean that your order has been accepted by us. Your Order constitutes an offer to us to buy the Product(s) ordered only. We are not obliged to accept your Order and may, at our discretion, decline to accept any order in accordance with clause 4.5 below. Where we accept your Order, we will confirm such acceptance by sending you a confirmation that your Order has been despatched (Order Confirmation). At this point a contract between you and us in relation to the Products ordered will be formed and we shall be under a legal duty to supply you with goods that are in conformity with the contract. Such contract will relate only to the Products which have been confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your Order until such Products have been confirmed by an Order Confirmation.

4.5       We may contact you to say that we do not accept your order. This is typically for the following reasons:

4.5.1    the Product(s) is/ are unavailable;

4.5.2    we cannot authorise your payment;

4.5.3    you are not allowed to buy the Product(s) from us;

4.5.4    we are not allowed to sell the Product(s) to you;

4.5.5    you have ordered too many Product(s); or

4.5.6    there has been a mistake on the pricing or description of the Product(s).

4.6       If we do not accept your Order for one of the reasons set out at Clause 4.5, but payment has already been submitted by you and received by us, we will refund the payment in full as soon as possible.

  1. Delivery

5.1       Your Order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances. If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.

5.2       Your Order will be delivered to the delivery address within the United Kingdom you specify when placing your order.

5.3       If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. Orders cannot be delivered to PO Box or similar addresses.

5.4       Deliveries requested to non-residential addresses, or houses with multiple occupants, are made at your own risk and we will not accept responsibility for any loss or damage.

5.5       Products comprised within the same Order cannot be delivered to different addresses.

5.6       Deliveries are made by DPD and Royal Mail (within the United Kingdom) and take place on Monday to Saturday excluding bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.

5.7       Deliveries will be made to your door. Our courier will not be responsible for any additional carrying, unpacking or positioning of Product(s).

5.8       Orders can be fully tracked and we will send you a tracking link for your Order and an option of changing the delivery date. A signature may be required for your delivery, and if you are not going to be in to sign you should make alternative arrangements via the tracking link. We are unable to redirect orders once they have been despatched. However, we will try to contact you in this case to arrange for a new order to be placed.

5.9       Unless you and we agree otherwise, if we cannot deliver your Product(s) within 30 days of the date of your confirmation email, we will:

5.9.1    let you know;

5.9.2    cancel your order; and

5.9.3    give you a refund.

5.10     If nobody is available to take delivery you must contact the delivery service provider who may provide you with the option of a reschedule, redelivery or to leave the items with a neighbour or at a safe place, amongst other available options. You shall not be entitled to any refunds which arise as a result of your refusal to accept delivery for your Order.

5.11     If delivery proves impossible or impractical for any other reason, we may need to cancel your order and deduct the original delivery charges from the refund.

5.12     Please see our Shipping Returns and Exchanges (https://www.copperfieldshop.co.uk/pages/shipping-returns-exchanges) for further information including delivery costs.  

  1. Risk and ownership

6.1       The Product(s) ordered will be at your risk from the time of delivery. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received. 

  1. Price and payment

7.1       The price of Products is as quoted on the website from time to time. 

7.2       Prices are in pounds sterling and include VAT at the applicable rate but exclude delivery costs, which will be added (at the cost shown) to the total amount due when you view the items in your shopping basket and you have selected your chosen delivery method.

 

7.3       Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. 

7.4       The website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the website may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the website, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your Order and notify you of such rejection. 

7.5       Payment for all Orders must be made by credit or debit card on the checkout page on our website, which is operated by Shopify. We accept payment by Visa (including Visa Debit and Electron), MasterCard, MasterCard Debit, American Express, Diners/Discover and JCB. 

7.6       We charge your credit or debit card at the time the Order is made by clicking the button “Make Payment Securely”. 

7.7       You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

7.8      We will do all that we reasonably can to ensure that all of the information you give us when paying for the Product(s) is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or Cookie Policy (https://www.copperfieldshop.co.uk/pages/privacy-and-cookies) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us. To avoid a third party gaining unauthorised access to any information that you provide to us, we recommend that you install appropriate anti-virus software on your computer.

7.9       In circumstances where you do not pay for the Product(s) but Products are delivered to you, and you fail to return them, we may collect the Product(s) from you at your expense. We will try to contact you to let you know if we intend to do this.

7.10     From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the terms under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.

7.11     Nothing in this Clause 7 affects your legal rights to cancel the contract during the cooling off period as set out in Clause 8.

 

  1. Consumer cancellation rights

8.1       Except in relation to certain Products set out below, you may have the right pursuant to the Consumer Contracts (Information and Cancellation and Additional Charges) Regulations 2013 to cancel a contract between you and us, and to return the Product(s).

8.2       Your legal right to cancel must be exercised within the ‘cooling off’ period. This period begins once your Order is complete and we have sent you an Order Confirmation and thus a contract has been formed between us.

8.3       You may cancel the contract at any time before your Order is despatched. With regard to the cooling off period:

8.3.1 if the Product(s) are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Product(s);

8.3.2 If the Product(s) are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of Product(s);

8.3.3 If your order is for the regular delivery of Product(s) over a defined period, the cooling off period ends 14 calendar days after the day on which you receive the first delivery of Product(s);

8.3.5 where you have opted (where available) to collect your Order from one of the collection points offered by our courier and that collection point is managed by a third party other than the courier (for example, a local convenience store), the day after it is delivered to that third party.

8.4       If you cancel, you will receive a refund of the price paid for the Product(s) in accordance with our refunds policy (see below).

8.5       To cancel a Contract, you must clearly inform us preferably in writing by emailing us at info@copperfieldshop.co.uk or by post to Copperfield, 3-5 Chequer Street, St Albans, Hertfordshire, AL1 3YJ,  or by telephone on 01727 835175 and giving us your name, address and Order reference; or by completing and submitting our cancellation form enclosed with the Product(s) on delivery.

8.6       To meet the cancellation deadline, it is sufficient for you to send your communications notifying us of your exercise of the right to cancel before the cooling off period has expired.

8.7       You must also return the Product(s) to us within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive it/them (which does not interfere with your right to take any reasonable steps to examine the Product(s) and make sure they conform to your order). You have a legal obligation to take reasonable care of the Product(s) while in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product(s)), up to the price of the Product(s), from the refund to which you are otherwise entitled (see further clause 9 below).

8.7      Please note you do not have the right to cancel and return in respect of the following Product(s) and will not be entitled to a refund unless such Product(s) are faulty:

8.7.1    Product(s) made to your specifications or which are clearly personalised; or

8.7.2    Product(s) which become inseparably mixed with other items in accordance with your personal requirements.

8.8       To return the Product(s), you should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if we have provided one) inside the parcel) and then return it to us, either by courier or by recorded delivery mail or other form of certified mail or, if the Product(s) are too bulky to return by mail, then by a suitable carrier, to the following address:

                Copperfield

3-5 Chequer Street

St Albans

Hertfordshire

AL1 3YJ

 

8.9       We advise you to take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Product(s) to us. 

8.10    Details of the consumer rights described above, and an explanation of how to exercise them, shall be provided in the Order Confirmation.

8.11     Nothing in this section affects your legal rights.

  1. Our refunds policy

9.1       If you cancel a Contract between us within the 14-day cooling-off period (see above), we will process any refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address (see above). Subject to clause 9.2, we will refund the price paid in full excluding the cost of standard delivery (delivery costs are not refundable) provided the Product has not been used and is not damaged

9.2       We will not refund your cost of returning the Product(s) to us, those costs are your responsibility. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.

9.3       If your returned Product(s) have been used or damaged we shall be entitled to deduct a sum at our discretion from the monies refunded to you up to the full  purchase price of the product. We may at our discretion refuse to refund any monies at all where Products are returned either used or damaged.

9.4       Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.

  1. Faulty Products

10.1     We must provide Product(s) that are of satisfactory quality, fit for purpose, and/or as described at the time of purchase, in accordance with any pre-contract information we have provided. If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights.

10.2     If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and Order reference.

10.3     Where appropriate we will arrange for a replacement Product to be sent to you, or instead, we will refund you the price of the Product if requested by you. Where we deliver a replacement Product(s) and such Product(s) remains unsatisfactory, we will refund you the price of the Product(s) in the quantity sold.

10.2     We are not liable to you where the Product(s) become damaged by improper handling or storage of the Products after delivery to you.

10.3     Nothing in this contract affects your statutory rights.

  1. Product information

11.1     As a consumer, you are given certain legal rights (also known as ‘statutory rights’). The Product(s) that we provide to you must be as described, fit for purpose and of satisfactory quality.

11.2     We are under a legal duty to supply you with Product(s) that are in conformity with this contract.

11.3     While we have taken reasonable steps to depict Products as accurately as possible through photographs and other images featured on the website, the detailing (such as colour, pattern and texture etc) you see on- screen will depend on your monitor /device and as such may not exactly reflect the detailing of a Product when you receive it.

11.4     Any information on the website regarding sizing of Products is included as a guide only. There is a Size Guide available on the website. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an Order (see Contacting us, below).

11.5     Any Product(s) sold at discount prices, will be identified and sold as such.

11.6     We reserve the right to limit the quantities of any Product(s) and description of Products and Product pricing are subject to change at anytime without notice, at our sole discretion. We may discontinue any Product at any time.

11        End of the contract

11.1     If the contract between you and us is ended it will not affect our right to receive any money which you owe to us under the contract. 

  1. Our liability

12.1     Nothing in these terms shall limit or exclude our liability to you:

12.1.1  for death or personal injury caused by our negligence;
12.1.2  for fraudulent misrepresentation;
12.1.3 for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
12.1.4  under Part I of the Consumer Protection Act 1987; or
12.1 5 for any other liability that, by law, may not be limited or excluded.

12.2     Subject to clause 12.1 in no event shall we be liable to you for any business losses, indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we may have for losses you suffer arising from any contract between you and us shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.

12.3     We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

 13       General

 13.1    You may not transfer or assign any or all of your rights or obligations under any contract that is made between you and us.

13.2    All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

 13.3    If we fail to enforce any of our rights, that does not result in a waiver of that right.

 13.4    If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

 13.5    These terms may not be varied except with our express written consent. 

 13.6    These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any contract between you and us. We are required by law to advise you that contracts may be concluded in the English language only and that no public filing requirements apply.

13.7     No one other than a party to this contract (save for any group or associated company of DC Clothing Ltd) has any right to enforce any term of this contract.

13.8     None of our Products are for re-sale and the offering for sale of any of our Products is strictly forbidden. We reserve the right to take legal action against you in respect of any resale or offer for sale of our Products by you.

14        Disputes, Law and Jurisdiction

14.1     We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Products you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the bottom of this page.

14.2     If a dispute cannot be resolved between you and us via exchange of communications or you are unhappy with the outcome of your complaint, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.

14.3     If you would like to pursue ADR, you will need to submit a complaint to Retail ADR (previously the Retail Ombudsman) in writing (at Retail ADR, 12–14 Walker Avenue, Wolverton Mill, Milton Keynes MK12 5TW), by email (enquiries@cdrl.org.uk ) or by phone (+44 (0)20 3540 8063).

14.4     If you do not wish to use ADR or you are unhappy with the outcome of ADR, you can still bring court proceedings.

14.5     The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

14.6     Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live. 

15        Contacting us

15.1     Please submit any questions you have about these terms or an Order you have placed or ordering in general, or any complaint or concern in relation to any Product ordered by email to info@copperfieldshop.co.uk or by phone on 01727 835175 between the hours of 9:30am to 5pm, Monday to Friday or write to us at: 

Copperfield

3-5 Chequer Street

St Albans

Hertfordshire

AL1 3YJ

 

  1. Changes to terms and conditions of contract

16.1     We reserve the right to change these terms from time to time by changing them on the website, although no such change will affect any Order you have already placed with us.

 

These terms and conditions were last updated in November 2021.