Terms and Contitions

STORM ON-LINE TERMS AND CONDITIONS

RE.: PURCHASE OF PRODUCTS

1. These terms

1.1 Application of these Terms. These terms and conditions apply to the purchase of products by you from us through your use of this website. These terms form the basis of the legal contract that will come into existence between you and us as regards your purchase. Please make sure that you have read and understood these terms and conditions before using the website.

1.2 What these terms cover. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes please contact us to discuss.

2. Information about us and how to contact us and our products

2.1 Who we are. We are Storm of London Limited a company registered in England. Our company registration number is 02830947 and our registered office is at 49 Cardiff Road, Luton, Bedfordshire, LU1 1PP. Our registered VAT number is GB121263264.

2.2 How to contact us. You can contact us by writing to us at Shop@StormLondon.com or STORM, 37-39 Conway Street, London, W1T 6ST, UK.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails. If you wish to communicate with us by email, then you must use the email address that we have specified in clause 2.2 above. If you use any other email address without our consent then that will not be deemed to be a communication made to us “in writing”. Please note that if you prefer to communicate with us through the post, then you will be responsible if any item gets lost in the post and so we would urge you to send all postal communications by “signed for” delivery only.

3.Our contract of sale with you

3.1 How we will accept your order. Our acceptance of your order will take place when we email or otherwise digitally respond to you to accept it, at which point a contract for the sale of the product that you have requested and your purchase of it will come into existence between you and us on the basis of these terms and conditions.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be for one or more various reasons. For example the product may out of stock, or an error in our IT system may have shown it as available when that was not the case.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 Excluded Territories. Unfortunately, we do not supply to certain countries for various reasons including government embargo. We will cancel the order if delivery is to be to one of these countries.

3.5 Storm shops excluded from contract. The contract between you and us does not involve any other person. In particular you must not attempt to exercise any rights under these terms and conditions with a Storm shop or a stockist of Storm products. They are not authorised to deal with you as regards any product purchase that you make through the website. You must always contact us directly using the information given in these terms and conditions.

4.Our products

4.1 Products may vary slightly from their pictures. As regards the products shown on the website:

(a) product dimensions are approximate;

(b) bag product dimensions are measured from seam to seam;

(c) the images of the products on our website are for illustrative purposes only. Your product may vary slightly from the relevant images on the website as actual colours aren’t always reproduced exactly on computer displays;

(d) there may be errors on the website, but please see your rights under clause 8 below; and

(e) a product shown on the website may in fact no longer be available as stock may have sold out, or not be replenished or no longer available. We may therefore have to cancel an accepted order in these circumstances. We apologise for any inconvenience.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us before delivery. 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 product, 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 (see clause 8- Your rights to end the contract).

6. Our rights to make changes

6.1 Minor changes to the products. We may change the design of the product you have purchased between the date of your order and its supply:

(a) to reflect changes in relevant laws and regulatory requirements. For example, laws may change as regards the type of materials we are allowed to use in the fabrication of the product; and

(b) to implement minor technical adjustments and improvements.

6.2 More significant changes to the products and these terms. In addition, because we continuouslystrive to improve our products and product ranges we may make significant changes to the product design that are introduced to the model range between your order purchase and delivery. We will supply you with the latest version of the model that you have chosen but if when you receive this you are not entirely happy with it, you may return it to us for a full refund, including your reasonable postage cost, providing that you act promptly.

7. Providing the products

7.1 Delivery costs. The price of the product does not include delivery unless this is expressly stated otherwise on the website.

7.2 When we will provide the product. We use the postal services and other people over whom we have no control to deliver your product to you. The delivery time quoted on the website is our best estimate of when you will receive the product, but is not a guaranteed delivery date.

(a) We try and get the product to you within 5 working days if you live in the UK. If you live outside the UK then the time for delivery will be longer depending upon where you live – approximately 7-15 working days. If you need the product urgently, for example in time to make a gift, then get in touch and we’ll see what we can do for you. If the product arrives later than 15 working days after your order was accepted by us, then you may return it and obtain a refund if you wish – which is the full extent of our liability for late delivery. If you wish to return it for reason of late delivery then you must return it to us within 20 days of the date that you receive it and email us to let us know you are returning it to us.

(b) Please note that delays may be caused due to the delivery having to clear customs. Such delays may also apply to deliveries to the EU after the Brexit transition period. If we are for whatever reason we are unable to arrange clearance of the product package through customs in your home country then we may transfer responsibility to you, by giving you notice in writing. After giving you such notice, customs clearance in your home country will become your sole responsibility.

7.3 When will you become responsible for the product. Responsibility for loss, damage or theft of the product will pass to you from the point in time when the product reaches your specified delivery address, or upon collection if you arrange for collection of the product from us.

7.4 When will you own the product. You will own the product when you have paid us for it in full. Until then we may hold the product or require it to be returned to us.

7.5 Important information that we require from you. We will need certain information from you so that we can supply the product to you. For example, your name, address, contact email and telephone number, delivery address (if different), payment particulars (e.g. credit card number), or photo ID. We refer to this information as “Your Personal Information” in these terms and conditions. We will not be responsible for supplying the product if the required information is not provided, or provided late, or if you have misled us or been dishonest in providing it and we may also end the contract of supply immediately in these circumstances.

7.6 Supply Problems. Unfortunately, on rare occasions we run into product supply problems, for example, our manufacturers may have resource problems, customs hold-ups, difficulty in sourcing materials, or there is a very high demand for the product which we’re unable to meet, and so on. We may at times have to suspend the supply of a product to you or even end the contract in such circumstances. If this situation arises we will contact you and inform you whether we propose to suspend or end the contract. If we propose to suspend the contract until the problem at our end is resolved then we will give you the option of ending the purchase contract instead. If the contract is ended, then we will give you a full refund, or at your option supply you with another model that at the date of your purchase had a retail price of up to 100% of the price of the product that has been cancelled. Or you could choose a cheaper model and we will refund you the difference.

8. Your rights to end the contract and return the product for a refund if you change your mind:

8.1 When this section 8 applies: The law gives you a right to change your mind about your purchase, even if there is nothing wrong with the product and it is received by you fully in conformance with the specification and the contract. This section covers that situation.

8.2 You have 30 days from receipt of the product to cancel and return the product to us for a full refund. The 30 days starts to run from the date that the product arrives at the delivery address that you gave us, excluding the day on which it arrives. The time starts running whether or not you have “signed” for the product or opened the package containing the product.

>8.3 If you change your mind you must write to us by email and tell us you are returning the product. Your email must reach us within the 30 days’ time period mentioned above.

8.4 You must comply with all of the following conditions in order to be able to return the product to us for a full refund under this clause 8:

(a) You must comply with clause 8.3 above we will endeavour to make the refund using the same method as was used by you to make payment to us for the purchase. If that is not possible we will let you know and make other arrangements with you to make the refund;

(b) The product must not have been used and must be returned to us in the same condition as it was in when it was delivered;

(c) The product must be returned to us in its original packaging, undamaged, so that it can be re-sold by us without having to further process it;

(d) You must pay for the cost of returning the product to us; and

(e) You must take the risk of the product getting lost or damaged in the course of delivery back to us and the product must be received by us within 14 days of you informing us that you are returning it because you have changed your mind.

8.5 If you have complied with clause 8.4 above, then we will make your refund within 14 days of receiving the product from you. Normally by the method you used for payment. The bank account or credit card information you have provided forms part of Your Personal Information.

9. Your rights if the product is faulty.

9.1 This clause 9 applies in situations where the product turns out to be faulty. In other words in circumstances other than where you have simply changed your mind (in respect of which see clause 8 above).

9.2 What does “faulty” mean? Well this means that the product is any one or more of the following:

(a) It is not something you ordered

(b) It does not meet the description that was on the website or other information relating to the product that we gave you before you purchased the product from us

(d) It was not broken or damaged when you received it, but it becomes broken or damaged later and within a “good for” time period.

9.3 What does “broken”, “damaged” and “good for” mean? Well in these terms and conditions:

(a) “broken” means:

(i) that the product doesn’t function as it should; or

(ii) that its constituent parts or the product as a whole: (A) has not been properly assembled or come apart; or (B) does not meet the quality requirements that you are entitled to expect having regard to what we have said about the product and other relevant circumstances such as the price you paid; or (C) is damaged

(iii) some other condition which would make it improper for us to deny you a remedy.

However, if the product becomes broken or damaged because of something you have done, for example not complied with any valid warnings or instructions that relate to the product, or if you have mistreated or been careless in the manner of your keeping or use of the product, then the product will not be deemed to be broken or damaged for the purposes of this clause 9..

(b) “damaged” has its ordinary English language meaning.

(c) “good for”, in relation to the time period for which the product should last without becoming broken or damaged means the time period that falls within any of the following descriptions as you may choose:

(i) one year from the date that you receive delivery of your purchase of the product. Unless you prove otherwise, the product will be deemed to have been received by you five days after it leaves our warehouse for delivery to you;

(ii) such time period as may be prescribed by the law as this applies to the product. Please note that whilst what follows is not intended to be any guidance on the law, we comment that the law usually looks at things such as what we have said about the product, the price you paid for it, comparable products, and other factors when determining this question. Please see clause 10 for further information; and

(iii) such time period as we may have specifically stated on the website, or in writing to you, that we will “guarantee” the product for.

9.4 If the Product is or becomes faulty within the good for time period, then you may write to us to obtain a remedy. Your request for a remedy must reach us within 14 days of the expiry of the good for time period, otherwise we may decline any remedy to you. We will then work with you to resolve the issue. Before we make a decision about whether to provide a remedy or the form of the remedy, we may require you to return the faulty product to us for an inspection and to provide us with some relevant information, such as from where you purchased the product, when and evidence of proof of purchase. If we agree that you meet the requirements in this clause 9, then we will give you a remedy which will normally be a cash refund. A deduction will be made from the refund if you have already had substantial use and enjoyment of the product. The deduction will be a fair amount. We will also reimburse you for the cost of returning the faulty product to us if we agree to give you a remedy. Normally by the method you used for payment. The bank account or credit card information you have provided forms part of Your Personal Information. You may if you wish apply the amount of the reimbursement to buying another product and we will give you credit for that amount towards the fresh purchase. There may of course a balance to pay by you. That purchase will have the same protection under this clause 9 as if you were buying that product from us anew in cash.

10. Summary of your legal rights

10.1 We are required by law to give you a summary of your legal rights as regards returning defective products to us. Here is the summary:

(a) This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

(b) Up to 30 days: if your product is faulty, then you can get an immediate refund.

(c) Up to six months: if your product can't be repaired or replaced, then you're entitled to a full refund, in most cases.

(d) If your product does not last a reasonable length of time you may be entitled to some money back.

10.2 For clarity, nothing in these terms and conditions will affect your legal rights.

11. Price and payment

11.1 The price of the product includes VAT and is as indicated on the website.

11.2 We require you to pay us price in full before sending the product to you. If you fail to make payment as required by the website, we will immediately cancel the contract.

11.3 The purchase process using the website will normally issue you with a receipt if this is requested following your purchase. Please write to us as soon as you can if you encounter a problem with this.

11.4 Online payment transactions will be processed using professional third party suppliers available at checkout.

11.5 Promotional codes should be entered during the checkout process to be valid. Attempting to add a promo code after purchase is not valid.

11.6 Unfortunately, no VAT refund is made available by us for customers purchasing for delivery outside the UK.

11.7 All payments must be made in Pounds Sterling.

11.8 Unless we agree with you otherwise, you are responsible for all import and export duties that may be payable in respect of any delivery from you or to us of any product. If you are returning the product to us because it is faulty or you have changed your mind you must take to ensure that duties are avoided by declaring the product as a “return” to the relevant authorities.

12. Our responsibility for loss or damage suffered by you

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. How we may use your personal information

13.1 How we may use your personal information. We will only use Your Personal Information as set out in our Privacy Policy. A copy of the Privacy Policy can be found at the following link: Privacy Policy.

14. Other important terms

14.1 Intellectual Property Rights We pride ourselves on our innovative designs and go to great lengths to create products that are uniquely STORM. Accordingly:

(a) we hereby reserve all our rights in copyrights, rights in our designs and website content including images and trademarks and all other intellectual property rights. No licence or transfer of any such rights is intended or shall occur as a result of anything done in relation to the contract for the purchase of the product by you or its subject matter.

(b) Without affecting our rights at law or any other rights under the contract of purchase of the product, you hereby agree not to at any time:

(i) copy or use any content on the website, including any images and text, or our ‘Storm’ trademark or any of our other intellectual property rights subsisting in respect of any material on the website or in respect of our products save as may be incidental to your use and enjoyment of the product as a consumer that you have purchased through the website and for no other purpose; and

(ii) in any event you agree not to use such intellectual property rights for any commercial purpose.

(c) We hereby give you notice that ‘storm’ is a registered trade mark that covers our products in the UK and major territories around the world.

14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 9 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example a letter evidencing the transfer.

14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products only in the English courts.

15 Returns

a. We believe you will be totally satisfied with your STORM purchase. If in the unlikely event you are unhappy with your purchase you may return the product to us for a refund. However this refund is not available if we reasonably expect that the item has been worn or the product is returned without its original packaging, including the clear protective wrap, or if you don't include your receipt. Alternatively you may ask for an exchange for the same or a different model. An exchange does not apply if we expect that the item has been worn or damaged in any way. If you are changing models, then there may be a price differential to be accounted for. Please note that for hygiene reasons, earrings and underwear are non-returnable and non-refundable.

b. Your request for a refund or exchange must reach us within 30 days.

c.In the unlikely event that you receive your item(s) in a faulty/damaged state, please notify us within 7 days of receipt of goods, these items will be dealt with in accordance with our returns procedure. Upon successful confirmation of the fault we will refund your return postage. Please note that refunds and exchanges do not apply if we reasonably expect that the item has been worn or damaged in any way.

d. Refunds and exchanges for Internet purchases cannot be obtained from STORM stores. Please inform us of any query by e-mail and return the items by post to: STORM, 37-39 Conway Street, London W1T 6ST.

e. We aim to make the refund or exchange within 2 working days of receipt of the returned goods. Refunds will be made in the same form as the original payment.

f. Any items which have been customised by ourselves or by a 3rd party cannot be returned/exchanged on preference grounds only. They are still covered by the guarantee.