Terms & Conditions
WHEN YOU USE OUR SITE
Introduction
Welcome to E.L.V. Denim, these are the terms and conditions of use for our site located at https://elvdenim.com (Site) and for the purchase of any of the products offered on our Site (Products). When you use our Site or place an order for any Product you agree to be bound by them. Please print a copy of these terms for future reference.
The Site is operated by or on behalf of E.L.V. Denim Limited (we, us and our). We are a limited company, registered in England. Our registered company number is 11168527, and our registered office is at Acre House, 11/15 William Road, London, United Kingdom, NW1 3ER. Our VAT registration number is 287 0299 69.
We reserve the right to change these terms and conditions from time to time by changing them on the Site. These terms and conditions were last updated on 20th October 2021.
Access to the Site
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site. The Site is designed to work best with Chrome Version 94.0.4606.81
Unfortunately, we cannot guarantee the continuous, uninterrupted or error-free operability of our Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
What you are allowed to do
You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.
What you are not allowed to do
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
- store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
- remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
- create links to the Site from any other website, without our prior written consent.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
Intellectual property rights
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
Content
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
Except to the extent provided in these terms and condition, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
Your personal information
Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.
External links
The Site may, from time to time, include links to external sites. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
WHEN YOU ORDER A PRODUCT
Ordering and availability
Products may be ordered by selecting the item(s) you wish to purchase and either clicking "Add to Cart" or "Buy Now". If you click "Add to Cart", your selected item(s) will be added to your shopping cart, where you can review and edit your items before proceeding to checkout. Once you're satisfied with your selection, you may either proceed to payment by clicking on the dedicated button of an available third party payment provider, such as 'Google Pay' or 'Shop Pay' (please note that available third party payment providers may be subject to change, and by using them, you do so at your sole discretion and we are not responsible, nor can we be held liable for any of the services provided by such providers), or you can click "Buy Now", where you will be prompted to input certain information, such as your shipping and payment details, which are required to confirm your order. You will be able to check and correct any input errors in your order, up until the point at which you submit your order to us by clicking "Pay Now". The same process will apply if you click "Buy Now" directly from the relevant product page.
After placing an order, you will receive an acknowledgment from us that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us 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 "Pay Now" button , you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance by sending you confirmation that your order has been despatched or, if you opt (where available) to collect, when it will be ready for collection (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 Order Confirmation. After entering into the Contract, we will be under a legal duty to supply you with Products that are in conformity with the Contract.
If after we provide Order Confirmation you wish to cancel or make a change to your order, please contact us immediately as we process orders the same day. In the event if we need make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or phone number (if provided) at the time the order was made.
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 or collection
We will try to ensure that all orders placed before 10am GMT on a working-weekday are shipped within 48 hours of payment being received. Where this cannot be achieved, due to us experiencing exceptionally high demand (such as during Christmas) we will notify you as soon as reasonably possible. Any orders placed over the weekend or during public bank holidays will be shipped 48 hours from the next working day.
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 10 business days after the date of the Order Confirmation, unless there are exceptional circumstances, in which case we will notify you as soon as reasonably possible, except in the case of pre-orders.
If you place a pre-order before the availability date shown on the relevant Product page (and we accept it), the pre-ordered Product(s) will be despatched within 4 weeks from the date of your order.
Your order will be delivered to the delivery address you specify when placing your order, unless you opt (where available) to collect it instore. If you opt for instore collection your entire order will be available to collect by you from the date specified in the Order Confirmation. Before you collect your order, please contact us to inform us of the day you intend to collect your order, so that we can ensure a member of our team is present to assist you. When collecting your order, please bring with you a copy of your Order Confirmation.
If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We 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. Please note that Products comprised within the same order cannot be delivered to different addresses.
All deliveries are made by DHL Carbon Neutral Shipping (or such other shipping provider as we may choose from time to time) and take place on Monday to Friday (or other normal working week days in countries that do not follow a Western pattern of working week), excluding bank and public holidays, usually within the hours of 8am and 5pm. Unfortunately, it is not possible for us to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
Deliveries will be made to your door. Our courier will not be responsible for any additional carrying, unpacking or positioning of Product(s).
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. We will try to provide the most up to date VAT Rates on our Help and FAQ page, this is for indicatory purposes only and should not be relied upon, please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We 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 or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), 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.
Unless stated otherwise, prices include VAT but exclude delivery costs, which will be added (at the cost shown) to the total amount due, once you have selected your chosen delivery method.
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 our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, 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 either through a third party payment provider (such as 'Google Pay') that we may make available from time to time, or by credit or debit card on the review page. We accept 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 or chosen third party payment provider may charge you an online handling fee or processing fee. We are not responsible for this.
From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the terms 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.
Consumer cancellation rights
You may cancel a Contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after your order (in its entirety) is delivered to you.
If you cancel, you will receive a full refund of the price paid for the Product(s) in accordance with our refunds policy (see below).
To cancel a Contract, you must clearly inform us, preferably by finding your order through our Returns Center and completing and submitting the cancellation form that you will be directed to.
You must also return the Product(s) to us 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.
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 or, if the Product(s) are too bulky to return by mail, then by a suitable carrier, to the following address: E.L.V. DENIM, The Factory, 21 Shacklewell Ln Pod 6+7, London E8 2DA
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 between us within the 14-day cooling-off period (see 'Consumer Cancellation Rights' above), we will process any refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address (see above). 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)), including the cost of standard delivery. However, we will not refund your cost of returning the Product(s) to us. 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, unless agreed otherwise.
Faulty Products
All E.L.V. Denim jeans are made from discarded and previously worn jeans. Therefore, there might be natural wear and tear already in the denim. This is a characteristic of vintage denim and what makes each and every pair of jeans unique. E.L.V. Denim do not take responsibility for any fading, holes or fraying which may appear in the jeans after you have bought them, and this is not classed as a manufacturing fault. However, if any Product you order is otherwise 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
We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate 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.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
Our liability
Nothing in these terms 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.
Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses , and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not 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 reasonable control.
General and governing law
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. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
These terms may not be varied except with our express written consent.
These terms 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 shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in Scotland or Northern Ireland or a country of the European Union, 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.
Subject to the next paragraph, you agree that any dispute between you and us regarding these terms or any Contract will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in Scotland or Northern Ireland or a country of the European Union, 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.
Contacting us
Please submit any questions you have about these terms, our Site or an order you have placed or ordering in general, or any complaint or concern in relation to any Product ordered by email to info@elvdenim.com between the hours of 9am to 5pm, Monday to Friday, or write to us at: The Factory, 21 Shacklewell Ln Pod 6+7, London E8 2DA.
