Conditions of Use

 

Introduction

Welcome to our web site. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms”) which govern our relationship with you in relation to this web site. Any purchase of goods made through this site will be subject to these Terms. If you disagree with any part of these Terms, please do not use our website.

The term “we” means The Drop Technology Limited the owner and operator of the website www.thedrop.co (the “Website”) whose registered office is Commercial Unit 2, Aurora Buildings 124 East Road, London, England, N1 6FD and company registration number is 10659551  (references to “The Drop”, “us” and “our” mean The Drop Technology  Limited).

The term “you” or the “customer” refers to the customer, user or viewer of our Website.

This Website uses cookies. By using this Website and agreeing to these Terms, you consent to our use of cookies in accordance with the terms of our cookies policy and you agree to the use of your information in accordance with our Privacy Policy.

 

Placing an order

We are not obligated to accept your order and reserve the right to refuse or cancel any order once it has been placed. This may be done, for example, if:

- your payment is not authorised or has been marked as fraudulent, or potentially fraudulent, by the payment system;

- payment has been made using a card not issued in a country we dispatch to, or not where the billing address is;

- there is an error on the website regarding the price or description of a product; or

- if you have requested a bespoke design and it is not possible for any reason to carry out that design.

 

By placing an order with us you are confirming that any information you have given is true and accurate and that you are authorised to use the card on which payment was made.

We are not liable for any breach of agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought, fire, legislation or other cause beyond our reasonable control. This does not affect your statutory rights.

 

Our products

All products are subject to availability, which is subject to change. Images of products shown on the Website, and colours shown on screen, are reproduced as accurately as electronic processes allow, but may not always represent the exact image or colour of the final product.

We reserve the right to amend the details and specifications of our products as necessary, or to conform with any changes in UK or EU requirements.

We try to ensure that information regarding products on our website is as accurate as possible. However, we cannot be held responsible for any inaccuracies or errors.

 

Prices

All prices are in pounds sterling and include VAT at the prevailing rate. 

The prices shown on our Website for our goods includes delivery worldwide, by Royal Mail, Fedex or DHL or by standard postal services.

Prices are subject to change. However, in the event of a change in prices, these will not affect any order which has been placed and agreed.

 

Customer's obligations

To enable us to produce a high quality garment, you agree to co-operate with us by providing us with your exact measurements and dimensions. We provide instructions on the Website describing how to measure yourself correctly. You should follow the guidance given by us as you will be responsible for the sizing information you provide to us. If the information relating to the requested size of the garment proves to be erroneous or if you change your mind or want to alter the size of the garment to a different size after placing the order, we will inform you of the cost of replacing or making the alterations necessary to meet the new sizing and, if you want us to make such changes, you will be required to pay those new costs.

If you send us images or details of any design or style you would like us to prepare for you, you warrant that you have all necessary rights, licences and permissions to use such designs or styles and you agree to indemnify The Drop against any costs, claims and expenses which may result from us creating any garment based on such designs.

The customer must arrange for receipt of the garment within a reasonable time. A reasonable time is deemed to be within two months of the date of the garment being ready for receipt. If The Drop agree to allow the customer to collect the garment outside those reasonable time limits, the customer may be required to pay for any additional alteration costs that result from a change in the dimensions of the customer during the period after the order was placed.

 

Alterations and our Perfect Fit Guarantee

The Drop goes to great lengths to ensure your suit fits you perfectly. With our three-step process of measurements, photos and a manual check of measurements by one of our stylists, we are confident the fit will be spot-on.

In the unlikely event that there is anything that needs changing, we will reimburse up to £35/$50 of alterations.

If, after alterations, you are still not satisfied, we will remake your suit for you. 

If you require any additional alterations which are not covered by our Perfect Fit Guarantee or our Returns Policy, and which are not due to the fault of The Drop, we will charge these to you at our standard rates for alterations. We cannot be liable for the any loss or cancellation of order due to a change in the size or dimensions of a customer after the order was placed.

 

Changes to your order

If you require any changes to your order, these should be made within 24 hours of placing the order. However, do note that even if you do submit a change within 24 hours of placing the order, this does not guarantee that a change can be made. We will, where possible, endeavour to make changes. All changes to an order, once the order has been processed and where a change remains possible, will carry a £20 change fee per change which is in addition to any further charges associated with that change, be it changes to colours, fabrics, styles, sizes or any other aspect.

Where the customer requests a change to an existing order and we are not able to fulfil that change for any reason, this shall not be deemed grounds which allow the customer to cancel and we will proceed with the original order.

If there is a dispute between the customer and The Drop over the styling of the order, the record on The Drop's ordering system shall be taken as the correct and final order.

 

Delivery

Turnaround and dispatch of orders may vary from time to time depending on current order volumes, work schedules, fabric availability or a particular characteristic of the order placed. We aim to meet our standard turnaround time of 3-5 weeks.

Delivery will be made to the address you have provided to us. It is your responsibility to ensure that there is an adult available at the address to sign for and receive the garments.

Delivery times will be notified to you. If for any reason we are unable to make that delivery time, we will notify you as soon as possible. However, we will not be liable for any delay in delivery, due in whole or in part to any reason beyond our control.

The customer is obligated to ensure that the delivery address supplied to The Drop is correct. If for any reason there is no one available at the delivery address, or no one answers the door when our delivery person arrives, we may leave the goods outside your premises or with a neighbour (if there is someone available). However, in such circumstances, we shall not be liable for any theft, loss or damage caused to the products as a result.

Title in the goods shall not pass until the price of the garments have been paid in full. The risk of loss for such items will pass to the customer upon delivery of the items.

 

Returns policy

If you are not satisfied with the fit of the ordered items(s) The Drop will, after inspection of the goods, follow a strict policy of first altering the suit to meet your requirements, next if for any reason the suit you have ordered cannot be altered we will remake the suit for you, and finally once both those options have been exhausted if there is still a legitimate complaint regarding the suit, we will provide you with a full refund. The Drop shall retain the final discretion in determining whether there remains a legitimate fault with the garment.

Do note however that a refund, where applicable, can only be processed following the procedures of alterations and replacement. In the event of a refund, we reserve the right to deduct shipping and delivery charges from the amount refunded. 'Express Shipping' charges are non-refundable.

Please also be aware that as all suits made by The Drop are bespoke, made-to-order products you will not be covered by the Distance Selling (The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013), which means that you are not entitled by law to an automatic refund. Therefore, our returns procedures, as outlined above, will apply in all cases.

Where an order consists of multiple garments, the start of the manufacturing process commences with the first garment. For the avoidance of doubt, subsequent garments on a multiple garment order cannot be cancelled once the first garment has been started.

In the unlikely event that a manufacturing error has occurred we will follow our strict policy of altering, replacing and finally refunding (as set out above) for a period of up to 3 months after completion of an order. We will require you return the garment to us, by post for inspection. We are not liable for defects resulting from the customer not following our care instructions. Should a customer return a garment more than 6 months after completion we will not accept responsibility for a faulty garment and will maintain the customer has had fair use of the product.

 

Refer-a-friend

- for each friend that you refer, we will give you a £50 credit to be used on www.thedrop.co

- referral credits can only be redeemed on a minimum order of £299

- referral credits will only be given where the referree has spent a minimum of £299 with us

- referrals are only valid if they have not purchased from us before

- credits have to be redeemed within 6 months

- referral credits cannot be redeemed alongside other vouchers, coupons or discounts

- you are limited to 8 referral credits within a 12 month period (with the start date, being the date that the first credit was given)

 

Use of our Website

Unless otherwise stated, The Drop owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view website pages, download website pages and print website pages for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of malicious computer software.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

 

Copyright and Licence

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

You are granted a licence to use the material contained in this website subject to the restrictions described in these Terms.

You are granted a licence to download, store, view, edit, use, reproduce, copy, print, any material contained in this website for your own personal and/or business purposes.

 

You are not permitted to:

 

• republish material from this website (including republication on another website, except in the case of social media such as Facebook and Twitter in which case you are permitted to publish extracts in order to promote use of the Website);
• sell, rent, license, sublicense, lease, distribute, copy, duplicate, publish or reproduce material from the website and any material or any part thereof for use by any third party;
• exploit material on our website for a commercial purpose;
• use any material in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable.

 

If you breach these Terms in any way then the licence granted to you will be automatically terminated upon such breach and The Drop may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

We reserve the right to exclude any person from using its website and material contained therein where a breach of these terms & conditions is suspected.

You must retain, and must not delete or remove all copyright notices and other proprietary notices placed by us on any material.

 

User Content

Our Website may permit users to submit reviews and, in the future, may allow posting images, videos or other content by you and other users ("User Content") and the hosting and publishing of such User Content. You understand that whether or not such User Content are published, we do not guarantee any confidentiality with respect to any User Content.

You shall be solely responsible for your own User Content and the consequences of posting or publishing them.

You represent and warrant that:

 

(i)             you own or have the necessary rights and permissions to use and authorize us to use all copyright, trademark or other proprietary rights in and to any User Content to enable inclusion and use on the Website and in accordance with these Terms; and

 

(ii)            whilst, you retain all of your ownership rights in your User Content, by submitting the User Content to us, you hereby grant us, in addition to any other rights which we may have, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of, display and broadcast the User Content in connection with the Website and our business, including without limitation to grant access to the Website to third parties to view the User Content (and derivative works thereof).

 

(iii)           you will not: (i) submit material that is false or misleading copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Content and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us, our business or any third party; (iii) submit material that is unlawful, obscene, libelous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Content or misstate your true identity.

Any breach of the above warranties will result in the user’s account being immediately terminated and may result in the user becoming liable to legal action.

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. You understand that when using the Website, you will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

 

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. The Drop makes no representations or warranties in relation to this website or the information and material provided on this website. 

The content of the pages of this website is for your general information and use only and it is subject to change without prior notice.

The Drop does not warrant that this website will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. We do not provide any warranty as to the suitability of the information and material found or offered on this website for any particular purpose. Your use of any information or material on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

You acknowledge that information and material found or offered on this website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 

Limitations and exclusions of liability

To the extent that the website and the information and services on the website are provided, our liability to you in relation to the use of our website or under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows: The Drop and its employees will not be liable to you for any loss or damage of any nature whether arising directly or indirectly from the use of or reliance on information obtained from this website; The Drop and its employees will not be liable for any consequential, indirect or special loss or damage and will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.

Our products are provided on the basis that they will be used for personal use and we will not be liable for any loss resulting from commercial use of our products. In no event will we be liable for any loss above a maximum total of the price of the product purchased in respect of any claim.

Nothing in these Terms will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

By using this website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use this website.

 

Indemnity 

If you breach these Terms you will be held fully responsible for any loss suffered by The Drop as result of such breach and will be held accountable for all profits made from breaching these Terms.

You agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms.

 

Other Websites

This website may contain links to other websites that are not under the control of and are not maintained by us. The Drop is not responsible for the content or reliability of the linked websites. The Drop provides these links for your convenience only but does not endorse the material on these sites.

 

Waiver

The failure by The Drop to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all Terms.

 

Severance

If any provision of these Terms shall be found by any court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.

If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.

 

Variation

We may revise these Terms from time-to-time.  Revised Terms will apply to the use of our website from the date of the publication of the revised Terms on our website.  Please check this page regularly to ensure you are familiar with the current version.

 

Exclusion of third party rights

These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.

 

Entire agreement

These Terms constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this Website.

 

Jurisdiction and governing law

These Terms shall be governed by and construed in accordance with English law. Any dispute, claim or matter arising out of, or relating to, these Terms shall be subject to the exclusive jurisdiction of the English courts.