Terms and Conditions

Introduction

The following terms are to help you better understand who we are and what we offer. These terms of use apply to all use of the The Sustainable Department Store website and set out the legal terms that apply to your use of our website. Our privacy policy (“Privacy Policy”) can be found [here] and sets out how we use data relating to you and forms part of these terms of use.

About these Terms of Use

Our website at INSERT URL (the “Website”) and the interactive features and services available through the Website (the "Services”) are owned and operated by The Sustainable Department Store, a company incorporated in England with company number INSERT and registered office The Sustainable Department Store, Netil House, 1 Westgate St, London, E8 3RL, UK (“The Sustainable Department Store”, “we”, “us" or “our”). The Services is a technology platform which enables individuals to buy products from third party retailers.

These terms of use apply to all use of the Services and form a legal agreement between you and The Sustainable Department Store. By using the Services, you agree to be bound by these Terms and Conditions. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions. Please keep a copy of these terms of use and the documents referred to in them.

Where we refer to “you" or "your" we mean you, the person using the Services.

A reference to the Services may be a reference to any part of the Service. You must not use the Services if you don’t agree to these terms of use; or it is unlawful for you to do so; or you are under the age of 18.

The Sustainable Department Store may make alterations to these terms of use from time to time. If you are not happy with any alteration, you may terminate your relationship with The Sustainable Department Store. If you keep using the Service, this will indicate your acceptance of these terms of use as altered. We may notify key changes to you, but you should review these terms of use from time to time to ensure you are aware of any changes. Where appropriate we may notify you of changes by email or by putting a notice on the Service. If we need to contact you we will write to you at the email address you provided with your order.

Our Services

When you purchase products (“Products”) using the Website, you are purchasing them from third party retailers (“Vendor(s)") named on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant Vendor. We are acting as agent on behalf of the Vendor, which are the principals. You are not purchasing the products from us. We are authorised by the relevant Vendors to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us.

The Services we offer allow you to browse and purchase products from Vendors. As part of the Services, we also provide some ancillary services such as arranging delivery of the products and providing you with customer service assistance. However, as stated above, the contract for the purchase of the products is between you and the Vendors. This means that it is the Vendors (not us) who is legally responsible for selling the products to you.

Your Relationship with The Sustainable Dept. Store and Vendors

The identity of the Vendor is shown on each product page and the order confirmation page when you place an order.

Services are subject to the standard terms of business of the relevant Vendor. If a Vendor accepts your order, a contract will be formed between you and that Vendor. We will send you an email acknowledgement when we receive your order, but please note that does not mean your order has been accepted; The Vendor will confirm acceptance of your order by letting you know, through the Service or by email, that the Products have been dispatched, and a contract between you and the Vendor will only be formed when you are sent that dispatch confirmation. Either we or the Vendor may decline to accept your order at our discretion.

In the event of a conflict between these Terms of Use and the Terms of Business of the Vendor these Terms of Use shall prevail as between you and us.

We request that all Vendors using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Vendors’ business policies. If you are unhappy with the product or service you have received from a Vendor, you should contact us and we will liaise with the relevant Vendor on your behalf to try and resolve the issue.

The Products

We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Vendors (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer's display of the images accurately reflect the true colour of the products.

Products and Vendors may become unavailable at short notice. We offer no guarantee that Vendors or Products will always be available through the Service. We are not responsible for the listings on the Website. We do not review or control, and are not responsible in any way for, listings provided by Vendors and at no time do we possess any items offered for sale by Vendors through the Website.

We do not allow Vendors to offer flawed items or products of lower quality than the corresponding market standards for sale on the Website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and we will liaise with the Vendor on your behalf. Once the item is received by the relevant Vendor, you will receive a full refund of the defective product, or alternatively a discount, replacement or repair for the item where possible, agreed on a case by case basis by us. We will refund you any applicable delivery charges and any reasonable costs you incur in returning the products (we will advise you whether the products will be collected from you or whether you need to arrange for them to be returned).

As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.

The products sold by the Vendors are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or resale purposes. Neither we nor the Vendors have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.

Orders Prices and Payment

By completing the check­out process and placing an order, you are offering to purchase the products from the relevant Vendor (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Vendor. All orders are subject to availability and confirmation of the order price.

To order products you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are promising that all the details you provide are true and accurate, that you are over 18 years of age, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.

The Website allows you to check your order and correct any errors before sending it. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).

Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Vendors, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Vendor give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.

If you are viewing the Website from the UK or a country in the EU, the product prices advertised on the Website from Vendors located within the EU are inclusive of the VAT charged by the relevant Vendor. Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT charged by us) will vary depending on the products that you have ordered and your delivery address. Please see the "Shipping Information" section of our Orders and Shipping page for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the "Total Cost" amount shown on the order summary page).

Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Vendor outside of your territory, you may need to pay import duties upon receipt of the products. If they are not included, neither we nor the Vendor have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “landed cost estimate” before placing your order. Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.

Payments

Please see the "Which payment methods do you accept?" section of our FAQs for details of our available payment methods. Once we have verified your payment details and the Vendor has accepted and approved your order for delivery, we will email you to inform you of this. In the unlikely event that we or the Vendor encounter a problem when processing your order, we will contact you and may possibly request further information to try and resolve the issue.

We reserve the right not to submit your order to the Vendor, and the Vendor reserves the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).

Delivery

The estimated delivery date of the products will be stated in your order confirmation email. We will try to ensure that your order is delivered by the estimated delivery date, but there may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.

Delivery times may vary depending on the availability of the products and your delivery address. Delivery times are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly by the Vendor(s) so your order may arrive in multiple deliveries and at different times.

If no one is available at your address to sign for your order, our delivery partner will leave you a note and you will need to contact them to rearrange delivery. Details of the countries we deliver to can be found on our Orders & Shipping page. There are restrictions on some products for certain international destinations, so please review the information on that page carefully before placing an order.

If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws. Please also read the information on our Orders & Shipping page as this contains important information about your order and its delivery.

Returns Policy

Please see our Returns Policy for information on returns and exchanges.

Our Liability

Our liability to you in relation to the Services if, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services. We do not in any way exclude or limit our liability for: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation; • (c) any other liability which cannot be limited by law.

Our Website

This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.

(a) Access to the Website: The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them. Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.

We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Vendors) satisfy any legal requirement that same communications be in writing.

(b) Your conduct: You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only. You must not use the Website for any of the following:

In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam". To cause harm, annoyance, inconvenience or needless anxiety to any person.

Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.

(c) Third Party Products and Services on the Website

The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Vendors (the “Third Party Products and Services”). Your use of these Third Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third Party Products and Services. We reserves the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third Party Products and Services’ terms and conditions. Use of Third Party Products and Services is entirely at your own risk.

We make no guarantee that any or all features of the Websites, Services or Third Party Products and Services will work on any particular device.

(d) Linking

We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.

Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

(e) Our liability in relation to the Website We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether expressed or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether expressed or implied.

We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.

Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: 1. death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out in section 4) and the Vendors’ supply of the products to you. Privacy Policy

We only use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.

Intellectual Property

We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("Content"). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.

You must not systematically extract and/or re-utilise parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent. Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.

Other Information

Severability - Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect. Waiver - If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.

Entire agreement - These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us. Events outside of our control - We and the Vendors will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.

An event outside of our control means any act or event beyond our or the Vendors reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

If such an event takes place and it affects the performance of our or the Vendors’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Vendors’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.

Complaints - We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us. 17) Governing Law and Jurisdiction

Anything related to your order, use of the Websites or these Terms and Conditions are governed by English law. The Courts of England shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.