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FRED
Unique fashion from the best independent brands
Unique fashion from the best independent brands
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Online Terms of Supply

August 2024

Introduction

These are the terms and conditions of supply for products ordered on www.silkfred.com (Site) and/or through any web or mobile application we provide which allows product ordering (Application). The Site/Application is operated by or on behalf of SilkFred Limited (SilkFred, we, us and our). We are a limited company, registered in England. Our registered company number is 07557982, and our registered office is at SilkFred Ltd, The Old Truman Brewery, 91 Brick Lane, London, E1 6QL. Our VAT registration number is 116678006.

Your purchase of any of the products offered on the Site/Application (Products) is subject to these terms and conditions and by placing an order for any Product you agree to be bound by them. You should print a copy of these terms and conditions for future reference. Use of the Site itself is subject to our Website and App Terms of Use. Use of your personal information submitted to or via the Site/Application is governed by our Privacy and Cookies Policy. Where the context requires, references in these terms to the Site shall also be deemed to include a reference to the Application.

We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. These terms and conditions were last updated in August 2024.

Our role and how the Site works

We operate the Site as a platform for the best independent fashion brands to promote and sell their Products (Brands). Each Brand has an online boutique on the Site where you can view information about the Brand and its Products (Boutique).

When you purchase a Product on the Site you buy the Product from SilkFred. The identity of the Brand that designed and produced the product may be shown on the Product page of the relevant Products and at checkout.

When you purchase a Product you enter into a legally binding contract directly with SilkFred. Our role is sales and distribution of the Products for the Brands, to receive your payment and to assist with the processing of refunds and returns. Our receipt of full payment from you will discharge your debt in respect of that order. SilkFred will fulfil orders and will also assist with the fulfilment, delivery and returns of Products shipped directly by Brands where these come from SilkFred's warehouse. Otherwise, delivery will be made directly by the Brand itself.

Ordering and availability

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 and conditions). By doing so, you confirm that you meet this requirement.

Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order by clicking the "Confirm and Pay" button on the checkout page.

After placing an order, you will receive an acknowledgment from us that your order has been received. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy the Product(s) ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Confirm and Pay" button, you enter into an obligation to pay for the Product(s). Where your order is accepted, this will be confirmed by sending you a confirmation (Order Confirmation). The contract between you and us in relation to the Product(s) ordered (Contract) will only be formed when we send you the relevant Order Confirmation.

The Contract will relate only to the Product(s) which have been confirmed in the Order Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until such Product(s) have been confirmed in a separate Order Confirmation.

Delivery

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.

Your order will be delivered to the delivery address you specify when placing your order. A list of the countries we deliver to is available on the website and can be found in the checkout process.

If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we and/or the Brand may not be able to deliver there. If that is the case, you will be notified. We and/or Brands reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.

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

Delivery outside the United Kingdom

If you order Product(s) for delivery outside the United Kingdom, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. If any such payment of duties and/or taxes is due in respect of your order of Product(s) delivered outside the United Kingdom, you acknowledge and agree that SilkFred may (but is not obliged to) pay these on your behalf and by placing such an order you appoint SilkFred as your agent for this purpose and you authorise us to do so without further notice to you.

Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We and/or the Brand will not be liable for any breach by you of any such laws.

Risk and ownership

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.

Price and payment

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

Prices include VAT (where applicable), but do not vary if you are purchasing from a destination where VAT doesn't apply. For delivery destinations outside the United Kingdom, prices do not include any other taxes and/or customs duties which will, if applicable, be payable by you. Prices exclude delivery costs (if applicable), which will be automatically added (at the cost shown) to the total amount due. 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.

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

Payment for all orders must be made by credit, debit card or PayPal on the checkout page. The Site accepts payment by most major credit and debit cards.

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.

From time to time the Site may run promotions where discount codes are offered. These can be used to discount the price of Product(s) ordered online, subject to the terms and conditions 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. Any discount codes obtain by way of referring friends to the Site must be done in good faith and without any arrangement for the purpose of earning credit where invites and subsequent purchases are not genuine.

Gift Vouchers and Credit Vouchers

SilkFred offers, and you may purchase, SilkFred gift vouchers (Gift Voucher) on our Site/Application or SilkFred credit vouchers (Credit Vouchers) may be applied to your account. Gift Vouchers and Credit Vouchers (Vouchers) may only be redeemed on the purchase of our Products. Purchases are deduced from the redeemer's Voucher balance. If a purchase exceeds the redeemer's Voucher balance, the remaining amount must be paid with another payment method in accordance with these terms. Voucher balances can be checked in your SilkFred account or by emailing [email protected] and quoting the reference number on the relevant Voucher.

Where a Voucher is combined with a card payment to purchase more than one Product, the Voucher shall be applied across all Products so that an equal percentage of each Product is deemed paid for by the Voucher. In the event that a Refund is requested for part of the Order, the Refund shall comprise part Voucher and part to the bank card used to make the purchase with the relevant percentage applied.

The price or value (as applicable) of the Vouchers is the face value paid at the time of purchase or the value received when issued. No additional fees apply to Vouchers. Promotional offers may apply to Gift Vouchers from time to time and may be communicated by email, social media or via the Website.

Vouchers, including any unused balances, expire one year from the date of issuance. Vouchers cannot be reloaded, resold, transferred for value, used for unauthorised commercial purposes, or redeemed for cash. The risk of loss and title for Gift Vouchers passes to the purchaser upon our electronic transmission of the Gift Voucher to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Voucher is lost, stolen, destroyed or used without your permission.

We have the right to close customer accounts and take payment from alternative forms of payment if a fraudulently obtained Voucher is redeemed. We reserve the right to require additional verification of your identity, Voucher ownership, or provision of an additional payment instrument, before you are able to apply a Voucher to a purchase.

Consumer cancellation rights

Except in relation to certain Products set out below, you may cancel a Contract at any time before your items are delivered and up to 14 days afterwards, beginning on the day after each item is delivered to you.

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

To cancel a Contract and return your product to receive a refund, you must clearly inform us, preferably:

  • by completing the returns form provided to you when you request this through the Site; or
  • by completing and submitting our cancellation form available on the Site from here.

You must also return the Product(s) within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive 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.

You will not have any right to cancel a Contract for the supply of Products that have been personalised or made to your own bespoke specifications (if such options are offered), unless such Product(s) were damaged or faulty when delivered to you or have been incorrectly delivered.

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 to the address provided to you during the returns process.

We advise that you 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.

Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation. Nothing in this section affects your legal rights.

Our refunds policy

If you cancel a Contract within the 14-day cooling-off period (see above), any refund will be processed to you as soon as possible and, in any case, within 14 days after the day on which we and/or the Brand receive the Product(s) back or, if earlier, the day on which we and/or the Brand receive evidence that you have returned the Product(s) to the returns address provided. We will refund the price paid in full (subject to any deduction we are entitled to make due to your use of or damage to the Product(s)). If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.

Refunds are made using the same method originally used by you to pay for your purchase or by issuing you with SilkFred Credit, unless agreed otherwise.

Faulty Products

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. 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. Nothing in this section affects your legal rights.

Product information

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

Any information on the Site regarding sizing of Products is included as a guide only. 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.

Our liability

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

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

Neither we nor the relevant Brand will 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 or the Brand's reasonable control.

General

You may not transfer or assign any or all of your rights or obligations under any Contract.

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

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

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

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

These terms and conditions 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. 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.

These terms and conditions shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us regarding these terms and conditions or any Contract will only be dealt with by the English courts, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.

BidFred: Special Terms and Conditions

These Special Terms and Conditions apply to you when you participate in a BidFred auction, and/or obtain any Product through BidFred. They apply in addition to the remainder of SilkFred’s Terms of Supply.

If there is any conflict between any provision in the remainder of the SilkFred Terms of Supply and these Special Terms and Conditions, these Special Terms and Conditions will prevail.

The price you pay for a Product is the price that is displayed for that Product on BidFred at the time at which you add it to your basket, even if the price of the Product displayed on BidFred has decreased by the time you complete your purchase.

Adding the Product to your basket does not remove it from the BidFred auction. Until you complete your purchase of the Product, the Product remains on BidFred and could be purchased by another customer.

If you obtain a Product that has reached £0 in a BidFred auction you will not be entitled to return the Product to us, or obtain a refund or exchange for any other item.

For any Product that you buy in the Auction (including those that have reached £0) you will be charged a delivery fee for delivery of the Product to you, and such delivery fee will be notified to you at the checkout.

Holding bids

If you choose to place a bid for a Product, you agree that you are making a commitment to purchase that Product when the reducing price for the Product reaches the value of your bid.

Your bid is a legally binding offer which is accepted by SilkFred when you place it and, unless otherwise notified to you by SilkFred, it is not retractable. If no other customer places a higher value bid than the bid that you place, you will ‘win’ the Product, and will be charged by SilkFred for the value of your bid.

By placing your bid, you confirm that you authorise us to deduct the relevant payment from your pre-authorised payment card.

Contacting us

Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general, or any complaint or concern in relation to any Product ordered by email to [email protected].