MISSING Product.
Terms & Conditions
1.
THESE TERMS
1.1.
These are the terms and conditions (T&Cs) on which we supply products to you. These T&Cs shall apply to all contracts entered into by Missing Clothier Ltd (“MISSING” “we” or “us”). By placing your order with us you are accepting these T&Cs in full. Where you do not accept these T&Cs in full, you should cease accessing the contents of this website immediately.
1.2.
We reserve the right to change these T&Cs from time to time at our sole discretion due to changes in relevant laws and regulatory requirements; and/or changes in our business practices.
1.3.
Your rights will be subject to the most current version posted on this page at the time of your use or purchase. We recommend that you keep informed of the current T&Cs that apply to your use of the SITE and the sale, delivery and use of our Products. It is your responsibility to regularly check to determine if there have been any changes to these T&Cs.
1.4. Please read these T&Cs carefully before you submit your order to us. They tell you who we are, how we will provife products to you, what to do if there is a problem and other important information. If you there is a mistake in these T&Cs, please contact us to discuss.
2.
INFORMATION ABOUT US AND HOW TO CONTACT US
2.1.
We are Missing Clothier Ltd (“MISSING”) a company registered in England and Wales. Company No: 12367783, Registered Office: 44 Grand Parade, Brighton, East Sussex, BN2 9QA. Our registered VAT number is GB370941100.
2.2.
You can contact us at [email protected] or in writing to our registered office address above.
2.3.
If we need to contact you we will do so by phone or by writing to you at the email address or postal address you provided to us in your order.
3.
OUR CONTRACT WITH YOU
3.1.
Our acceptance of your order will take place when we email you to accept it at which point a contract will come into existence between you and us.
3.2.
If we are unable to accept your order we will inform you as soon as possible and will not charge you for the product. This might be because the product is out of stock, we have identified an error in the price and/or description of the product or a reason outside our control.
3.3.
When your order has been accepted you will be assigned an order number. It will help us if you can tell us the order number whenever you contact us.
3.4.
Where possible we will accept orders for products for International delivery but it may not always be possible and this will be subject to our discretion.
4.
OUR PRODUCTS
4.1.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that colours will be accurately reflected on on any device used. Your product may vary slightly from those images.
4.2.
The packaging of the product may vary from that shown in images on our website
5.
OUR RIGHTS TO MAKE CHANGES
5.1.
We reserve the right to change the product to reflect changes in relevant laws and regulatory requirements. We will contact you to give you reasonable advance notice of the changes and let you know how to cancel the order if you are not happy with the changes. If you opt to cancel, we will require you to return any products you have already received and we will arrange a refund of the price you paid.
5.2.
More significant changes to the products and these terms. We may update these Terms from time to time. We may also revise these Terms as they apply to your order from time to time to reflect: (i) changes in relevant laws and regulatory requirements; and/or (ii) changes in our business practices. If we revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the order if you are not happy with the changes. If you opt to cancel, you will have to return any relevant products you have already received and we will arrange a refund of the price you paid for the relevant product(s).
6.
PRICE AND PAYMENT
6.1.
The price of the product (inclusive of VAT) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. Please see clause 6.3.
6.2.
If the rate of VAT changes between your order date and the date we supply the product we will pass the changes in the rate you pay unless you have already paid for the product in full before the change takes effect.
6.3.
We will normally check prices before accepting your order but it is always possible that despite our best efforts some products may be incorrectly priced. If we discover an error in product pricing at your date, which is less than our stated price, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we proceed with your order.
6.4.
We accept payment with Visa, Visa Debit, Mastercard, Maestro, American Express and Apple Pay. We will not charge your credit card or debit card until we dispatch the products to you.
6.5.
If you think an invoice is wrong please contact us promptly to let us know.
7.
PROVIDING THE PRODUCTS AND DELIVERY
7.1.
You own a product once we have received payment in full.
7.2.
If payment for a product is not received as agreed and payment has not been made within 15 days of us sending you a reminder, we reserve the right to suspend the supply of the products and/or account until we have been paid any outstanding amounts.
7.3.
We will deliver the products to you as soon as is reasonably possible but within 30 days after the day on which we accept your order, unless the item is a pre-order.
7.4.
The costs of delivery will be displayed to you on our website.
7.5.
We are not responsible for delivery delays. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by any event but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid in advance but not received.
7.6.
If you are not at home when the product is delivered, no one is available at your address to take delivery of the products, a card will be left by the designated carrier company informing you how to rearrange delivery or collect the products from a local depot. At this time due to COVID-19, customers are not expected to sign for goods. However, please be aware that our service is not a named delivery service and any person at the designated delivery address may sign for your delivery. We will not be liable for a lost or missing order that has been signed for in a building, for example: an office address or block of flats.
7.7.
If you do not re-arrange delivery after a failed delivery attempt to you or collect the package from a delivery depot we will contact you and any further delivery costs will become your responsibility. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.1 will apply.
7.8.
You will become responsible for the goods from the time we deliver the product to the address you gave us or you [or a carrier organised by you] collect it from us.
7.9.
We may need certain information from you so that we can supply the products to you. Please ensure that your email address, postal address and contact information is kept updated in your Missing Clothier account and that our email addresses are not identified as spam/junk mail. Should you provide an invalid email address MISSING may terminate your account at any time without notice.
7.10.
We may have to suspend the supply of a product for the following reasons:
a) to deal with technical problems or make minor technical changes.
b) to update the product to reflect changes in relevant laws and regulatory requirements.
c) to make changes to the product as requested by you or notified by us to you.
7.11
We will contact you in advance to inform you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days. We will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8.
YOUR RIGHTS TO END THE CONTRACT
8.1.
Your rights to end the contract will depend on several factors:
a) if the item is faulty or misdescribed then you may have a legal right to end the contract. See clause 9.1.
b) if you want to end the contract because of something we have done or have told you we are going to do. See clause 8.2.
c) if you have changed your mind about the product. See clause 8.3. You may be entitled to a refund if you are within the cooling-off period but this may be subject to deductions and you will have to pay the costs of the return of any goods.
d) in all other cases (if we are not at fault and you are not exercising your right to change your mind), see clause 8.5.
8.2.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at a) to e) below the contract will end immediately and we will refund you in full of any products which have not been provided. The reasons are:
a) we have told you about an upcoming change to the product or these terms which you do not agree to. See clause 5.1.
b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed.
c) there is a risk that supply of the products may be significantly delayed because of events outside our control.
d) we have suspended supply of the products for technical reasons, or to notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days.
e) you have a legal right to end the contract because of something we have done wrong.
8.3.
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. General exceptions are:
a) if your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
b) if your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
These rights, under the Consumer Contracts Regulations 2013 are explained in more detail in these terms.
8.4.
Your right as a consumer to change your mind does not apply in respect of:
a) products that have been customised for you.
b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
c) any products which become mixed inseparably with other items after their delivery.
Where this provision applies, we will assess the items you are seeking to return and if possible (at our sole discretion) we will accept your return.
9.
HOW TO END THE CONTRACT WITH US
9.1.
To end the contract with us, please let us know by emailing us at [email protected]. Please provide your name, home address details of the order and, where available, your phone number and email address.
9.2.
If you end the contract for any reason after the products have been dispatched to you or you have received them, you must return them to us. You must post the products back to us at Missing Clothier Ltd, The Studio, 27 Allerton Road, London N16 5UJ. Please email us at [email protected] for a RAN (returns authorisation number). If you are a consumer exercising your right to change your mind you must send off goods within 14 days of telling us you wish to end the contract.
9.3.
Costs for returning products are your responsibility. We will pay the costs of return:
a) if the products are faulty or misdescribed.
b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return. You are responsible for all products until they are returned to us. MISSING will accept no liability for products lost or damaged in return transit and we highly recommend using a trackable delivery method with sufficient insurance to cover loss/ or damage.
9.4.
If you are responsible for the costs of return and we are collecting the product from you we will charge you the direct cost to us for collection.
9.5.
If you are entitled to a refund we will refund you the price you paid for the products including delivery costs by the method you used for payment. However, we may take deductions from the price, as described below.
9.6.
If you are exercising your right to change your mind:
a) we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods caused by mishandling them in any way.
b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
9.7.
Refunds will be made as soon as possible and within 14 days from the day on which we receive the product back from you.
10.
OUR RIGHTS TO END THE CONTRACT
10.1.
We may end the contract if you break it. We may end the contract for a product at any time by to you if:
a) you do not make payment to us when it is due.
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products.
c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; and/or
d) breach these terms.
10.2.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund you any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.
IF THERE IS A PROBLEM WITH THE PRODUCT
11.1.
If you have any questions or complaints about the product, please contact us. You can email us at [email protected]
11.2.
If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk.
11.3.
If you wish to exercise your legal rights to reject products you must send them back to us using a trackable service. We will pay the costs of postage. Please email [email protected] for a RAN (return authorisation number).
12.
HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1.
We will only use your personal information as set out in our privacy policy .