Upper Downs is a registered trade mark (UK00003119581) of Upper Downs Apparel Limited.
Registered in England and Wales No. 8876649, VAT No. 218613221
Registered Office: 29 St Johns Road, Hove, East Sussex, BN3 2FB, United Kingdom
Access to and use of this Website and the products and search services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time. This Website also contains links to other Web sites, Web pages, Social Media pages and services, which are not operated by Upper Downs (the “Linked Sites”). Your use of such Linked Sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event your link through to such a site will be subject to the these Terms of Service. You recognise that Upper Downs has no control over such Linked Sites and information, and you accept that Upper Downs provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person’s trade marks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Upper Downs website.
3. Intellectual Property
The intellectual property rights in all software made available and content supplied to you remains the property of Upper Downs, its licensors or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by Upper Downs, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Upper Downs website and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by Upper Downs, its licensors or content suppliers are trade marks belonging to Upper Downs. No license or consent is granted to you to use these marks in any way, and Upper Downs reserves all rights in these and any related marks. You agree not to use these marks or any marks which are colourably similar without the written permission of Upper Downs.
4. Sale of Products and Services
By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. We deem our acceptance of an offer to buy from us upon dispatch of the goods to you. We reserve the right to cancel any offer made by the customer to buy products from Upper Downs up and until we finally dispatch the goods bought and we communicate the items dispatch to the customer via email or other means of communication. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland UK and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. Upper Downs are entitled to refuse any request made by you. If your order is accepted we will inform you by emailing you or else by calling you. We will also provide the identity of the party you have contracted with. This may be Upper Downs or in certain cases a third party. Where a contract is made with a third party Upper Downs is not acting as either agent or principal and the contract is made between yourself and that third party. When making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the PayPal account, credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
5. Disclaimer of Warranties
The services and all information, products and other content included in or accessible from this web site and the linked sites, are provided on an “as is” and “as available” basis and are subject to change at any time without notice to you. To the fullest extent permitted by law, Upper Downs disclaims and excludes all representations and warranties (express, implied and statutory, including but without limitation the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and content included in and accessible from this website or the linked sites.
6. Disclaimer of Liabilities
Unless expressly stated to the contrary to the fullest extent permitted by law Upper Downs, its content providers, or linked sites shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this web site or the linked sites, even if Upper Downs had been advised of the possibility of such damages and irrespective of whether such damages arise in contract, tort, equity, restitution, by statute, at common law or otherwise. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.
You agree to indemnify, defend and hold harmless Upper Downs, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Upper Downs services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
8. Variation of Content
Upper Downs shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the Upper Downs website. This includes the description of products and their sizing. Upper Downs will always do best to be accurate. All sizes are approximate. Fabric can change season to season, and Upper Downs are not responsible if a supplier changes the fabric specification used.
All information and material submitted by you to Upper Downs or that you publish on any public area of the website shall be provided by the submitter and accepted by Upper Downs on a non-confidential basis subject to paragraph 2 above. Furthermore, Upper Downs shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and Upper Downs shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.
Upper Downs may at any time terminate or suspend any part of the Website, Product or Service without notice to you.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
12. Governing Law and Jurisdiction
Upon entering the Upper Downs website you are bound by these terms and conditions. These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English High Court, the Strand, London. Any dispute in any way referable to the content of this site whether in respect of its trade marks, copyright or image content shall be resolved exclusively by arbitration the terms of which are to be agreed between Upper Downs and yourself and provide no right or recourse to any relief of the English Courts whether interim or otherwise and that by accessing this site you waive your right for all time to any such right.
13. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Upper Downs. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Upper Downs Apparel Ltd.
14. Order Cancellation
Under the United Kingdom’s Distance Selling Regulations you have the right to cancel your order for any item purchased from Upper Downs for a full refund. Order Cancellations must be made in writing, quoting your order number. If however your order has already been processed, you will need to return the order to us. Please note that you as the customer are responsible for the cost of returning the item to us after order cancellation.
15. Returning An Item
We want to make your experience of purchasing our products easy, we also want you to be 100% happy with your purchase. With this in mind we offer a 30 day returns policy from the purchase date for either a refund or exchange, on the basis that the product is returned in its original packaging and in the same condition as when you received it.
For any returns or exchanges, you will need to complete and print out our returns form with your request and enclose this with your item in the original packaging. Due to the limited availability of our products certain sizes and colours may not be available, please contact us directly prior to arranging an exchange so we can assist you in issuing a replacement. Returns within the UK are provided via a pre paid shipping label, please contact us directly if this is required.
For returns outside of the UK you will be responsible for return shipping costs, except in the event of damaged or faulty products. In these circumstances please ensure that any returns are sent via a tracked and insured service. Refunds will be processed within 7 days of receiving your item. In the event that faulty or damaged items are returned, we will issue a replacement or refund on the receipt of goods. If international return postage fees have been paid, these will be refunded to you upon our receipt of the goods.
16. Conditions of Return
Please make sure the item is not visibly worn, damaged, marked in anyway with pen or grease, washed, smells of smoke, aftershave, perfume, deodorant or washing powder, or is any condition that we deem renders the item un-saleable. You are responsible for the item returning to us, please make sure you take adequate steps to ensure the security of the contents during transit back, we cannot be held responsible for exchange or refund if reasonable steps are not taken. All items must be returned with all relevant swing tags (where applicable), labeling, branding and any accompanying marketing material specific to the item. Occasionally we offer free items with your purchase. If you are returning your item for a refund any free item(s) must also be returned at the same time.
17. Items Missing From Your Parcel
The customer must inform us if there are any items missing from your parcel within 24 hours of the parcel being delivered. Failing to do so will mean that Upper Downs will not be able to compensate the customer in any way.
18. Pre Order Items
With future releases Upper Downs may offer products for pre order due to limited edition deliveries or manufacturing lead times. These terms cover our pre order service.
a. Full payment for the item is taken at the time of order.
b. All delivery dates are estimated, occasionally delivery to the customer may be extended beyond our control. We will try to notify customers of this via email, Facebook or twitter where necessary.
c. Pre orders are taken by us in good faith in that we have ordered the item in question from our manufacturers and that they will be delivered to us around the estimated delivery time. Occasionally our delivery times of items may be reduced or be delayed, which is out of our control.
d. In circumstances where we cannot fulfil a pre ordered item, Upper Downs will refund any monies including shipping costs as soon as possible and notify the customer accordingly.
e. You may cancel your pre order with us for a full refund at any time up until we dispatch the item to you. Please make any cancellation requests in writing via email to our customer service team.
f. The images of pre order items are usually taken of samples supplied prior to full manufacturing, these are open to change upon production. Our images should be taken as a approximation of the final delivered product.