Cucumber Clothing Limited
Terms & Conditions of Sale
Application and eligibility
- These terms and conditions of sale apply to all purchases made from the website of Cucumber Clothing Limited (“Cucumber”), www.cucumberclothing.com, so please read them carefully before submitting an order.
- To be eligible to purchase our clothing, you must (unless otherwise agreed with us in writing) be the holder of a valid debit/credit card. By placing an order, you warrant that this is the case and that all the information given to us by you about you and your order is true and accurate.
- Clothing purchased by you must be for personal use, or a gift, and must not be re-sold or used for commercial purposes.
Acceptance of your order
- Your submission of an order to purchase Cucumber clothing represents an offer to purchase the items indicated by you and is not binding on us until we have notified you in writing that your offer is accepted. We may decline any order, for any reason whatsoever, prior to our acceptance of it.
- After you submit an order, we will confirm receipt of your order by sending you a confirmation email to the email address you have provided us with. This confirmation email is only to acknowledge that your order has been received and does not constitute acceptance by us of your offer to purchase clothing. Your offer is only accepted by us when we send you a delivery email to let you know that we have dispatched the items ordered by you.
- We must receive full payment before we can accept any order. Prices and charges on our website are in pounds sterling. All prices are, unless otherwise stated, inclusive of value added tax.
- Delivery times given are estimates and therefore to be used as a guide only.
Our exchanges and returns policy
- Customer satisfaction is important to us and so we handle each customer query on an individual basis. We want you to be delighted with your purchase but, if you are not satisfied with any of our clothing, we will happily exchange the item(s) or offer you a full refund in accordance with our exchanges and returns policy set out in conditions 9 to 12 below.
- You are able to exchange or return any purchase of our clothing provided that: (a) the item is unused and still in its original condition (with the original packaging and garment tags still attached); and (b) you return the item to us within 14 days of it being delivered to you.
- We will process your exchange or return as soon as reasonably practicable after receipt of the relevant item but please note that it can take up to 10 working days for refunds to be credited to your account.
- The exchange or return of an item is free of postage charge.
- Our exchange and returns policy does not affect your statutory rights in any way.
Your EU cancellation rights
- If you are based in the European Union, you have the right to cancel any contract entered into with us to buy clothing under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Under the Regulations, you can cancel a contract within 14 days without giving any reason.
- To exercise this right, you must inform us of your decision to cancel the contract by sending an email to email@example.com. You may use a cancellation form to do this if you wish (but you are not obliged to use this form).
- If you cancel a contract, you must return the relevant clothing to us within 14 days (at your cost), unused and still in its original condition (with the original packaging and garment tags still attached). Provided you do this, we will then reimburse you all payments received from you in respect of the cancelled contract within 14 days after the day on which we receive the clothing.
- We will make this reimbursement using the same means of payment as you used for the initial transaction.
- For the avoidance of doubt, our free returns policy (set out in conditions 9 to 12 above) does not apply to contracts cancelled under the Regulations.
- We try to ensure that all information on our website, such as prices, imagery, descriptions, and stock availability are accurate and correct at the time of purchase and viewing. However, because we have such a generous exchanges and returns policy, as set out in conditions 9 to 12 above, we make no warranties in relation to the accuracy of our website or the quality of our clothing and any warranties which would otherwise be implied are excluded to the fullest extent permissible by law.
- Nothing within these conditions operates so as to exclude, limit or restrict our liability for death or personal injury or to affect your statutory rights as a consumer.
Free Delivery Promotions
- Any free delivery promotions are subject to our right, at any time, to: (a) cancel the promotion, (b) cancel or refuse any individual's right to benefit from it; and/or (c) amend the terms and conditions of the promotion.
- We will not be responsible for the performance of any obligations under these terms and conditions in the case of an event outside our reasonable control (force majeure), including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.
- We will retain ownership in any item of clothing until you have paid for it in full. Ownership will revert to us if we refund any such payment to you.
- All notices, which we need to give to you under these terms and conditions, will be sent by us to your registered e-mail address. Any requirement in these terms and conditions to give notice in writing includes giving notice by email.
- These terms and conditions set out the entire agreement between you and us in respect of the sale, purchase and use of Cucumber clothing.
- These terms and conditions and all issues regarding your purchase of our clothing are governed by English law and all disputes shall be determined exclusively by the English Courts.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. This payment option only applies to outright purchase and not to our Loan to Own scheme. Payment is to be made to Klarna:
- Pay Later
- Pay in 3
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.
Loan to Own
The terms and conditions set out below shall apply to our Loan to Own scheme (“the LTO Service”). Please note that the LTO Service is only available to UK customers.
- The LTO Service allows you to rent clothing from Cucumber on a monthly basis for up to three two If, at the end of the three two month period (the “Rental Period”) you have made all rental payments in accordance with these terms and conditions (as set out below), you can keep the item without further charge.
- Items available as part of the LTO Service are listed in our Loan to Own selection.
- The total number of items that you can rent via the LTO Service at any one time is two. Each item that is available for the LTO Service is designated a Loan to Own price (the “Total Price”). The Total Price is the price that you will need to pay to rent the item for the full Rental Period.
- We will bill you for the Total Price in three equal monthly instalments as follows:
- You will be invoiced for one third of the Total Price on placing your order.
- You will be invoiced for one third of the Total Price one month after the date on which you placed your order.
- You will be invoiced for one third of the Total Price two months after the date on which you placed your order.
- The item that you have selected to rent via the Loan to Own Service, will only be sent to you once you have made the first payment set out in paragraph 4
- If, once you have an item, you decide that you do not want to continue renting it for the remainder of the Rental Period, you must email us at firstname.lastname@example.org informing us that you would like to return the item (a “LTO return request”). Provided we receive your LTO return request no later than 1 week before the date of your next invoice 3 weeks after the date of the most recent invoice, and you comply with these terms and conditions, then you will be eligible to return the item to us and we will not charge you for any payments due for the remainder ing months of the Rental Period.
- Once we receive your LTO return request, we will email you a returns label. You must then return the item(s) within 2 weeks of receipt of the returns label. Failure to send back the item(s) within this time frame will result in a further invoice for the next month of use. You must keep proof of posting in case a package goes astray.
- During the Rental Period, you acknowledge that we are providing you with a rental service and that we own the relevant item(s) that you have rented.
- If you pay the Total Price by making all of three payments set out in paragraph 4 above, then at the end of the Rental Period, ownership of the item(s) will pass to you and you can keep the item(s) without any further charge.
- You must wash and care for item(s) that you borrow via the LTO Service in accordance with the washing instructions on the label and included in the packaging.
- If any item is returned in a damaged or dirty condition that exceeds normal wear and tear, as determined by Cucumber in its sole discretion, you agree that Cucumber may invoice you for the remaining (one or two) monthly instalments.
- By placing an order for an item as part of the LTO Service, you authorise us to start provision of the LTO Service
- Any special offers we make are only valid on items ordered to buy outright and do not apply to the LTO Service.
- Save as set out in conditions 1 to 13 above, Cucumber’s terms and conditions of sale shall apply to all items rented through the LTO Service.