TERMS

www.charli-cohen.com (the “website”) is operated by Charli Cohen (“we”, “us” and “our”). This is a limited company registered in England with company number 09105571, and VAT number GB 159 9437 55. Our registered office is .

Charli Cohen LTD, 1 Normanton, Buckland Road, Reigate, Surrey, RH2 9RQ.

These terms cover the website and related services.

For information about all orders, please contact Customer Service at [email protected] Our office hours are 9am-6pm, Monday-Friday.

USE OF WEBSITE

The website and related services (including any applications which allow you to buy our products from us on mobile devices) are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our websites (“Terms”). Please read the Terms carefully before placing any orders, we recommend you should keep a copy of the Terms for future reference.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the Terms and our Privacy Policy. If you are under 13 you must let your parent or guardian know about our Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 years of age.

We may modify the Terms from time to time at our sole discretion. Please read the Terms and check back often. If you do not agree to any change to the Terms then you must immediately stop using the Site.

Please note that these Terms do not affect your statutory rights as a Consumer. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

You agree that the information that you provide when you register is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately. We may also change registration requirements from time to time.

We may change, withdraw, or suspend access to the website (in whole or in part and permanently or temporarily) with or without notice and with no liability to you.

The website may include links to other websites or resources. We have no control over the content of these websites and are not liable in any way for their content.

Any material that you upload to the website or which you send to us via any other medium (including all social media) will be considered non-confidential, non-proprietary and we will have the right to use, copy, distribute and disclose to third parties such material for any purpose. We also have the right to disclose your identity to any third party who claims that such material infringes their intellectual property rights or their right to privacy.

We will not be responsible or liable to you or any third party for the content or accuracy of any materials posted by you or any other user of the website and you agree to be responsible to us for and indemnity us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the website.

We have the right to remove any material or posting you make on the website at our sole discretion.

PURCHASE OF PRODUCTS

When purchasing a product from the website you are making a contract with Charli Cohen.

ORDERS

You agree that your order is an offer to purchase the product(s) listed in your order to us on the Terms. You agree that an order is engaging with a contract with www.charli-cohen.com All orders are subject to our acceptance and availability. Items that are placed in your shopping basket are not reserved and may be purchased by other customers. We may choose not to accept your order in our discretion for any reason without liability to you. Examples of occasions we may not accept your order are: that we are unable to obtain authorisation for payment; shipping restrictions apply to a particular item; the item ordered is out of stock, the item ordered does not satisfy our quality control standards and is withdrawn; or that you do not meet the eligibility criteria set out within the Terms.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

After submitting an order to us, we will send you an order acknowledgment email. This email will include your order number, details of the Products you have ordered from us and delivery details. Please note that this email is an acknowledgement of your order and is not an acceptance of your order.

Acceptance of your order and formation of a contract of sale takes place when your order has been dispatched and we have sent you an email confirming this.

When placing an order for the first time, you may be required to or may be offered the option to register with us and complete certain required fields on an order form. Where we ask you to provide and use identifiers and passwords to access restricted parts of the website, it is on condition that you shall be responsible for ensuring that such identifiers and passwords are kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware or suspect any unauthorized use of your account.

You will only be charged for products once they have been dispatched for delivery.

We will store a record of your transactions for a minimum of one year.

PRICES

Prices shown on the Site are in GBP, Dollars or Euros and are inclusive of VAT, prices do not include delivery costs.

Prices are according to the GBP exchange rate – Dollar or Euros charged will be according to the current GBP rate.

Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes.

If you are a customer whose credit/debit card is not denominated in GBP, Dollars or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. All orders are placed with Charli Cohen, which is a UK entity. Your card issuer or payment method provider may therefore apply other international bank charges. We have no control and cannot predict the amount of these charges. Please contact your issuing bank before placing your order if this applies to you.

PAYMENT

Payment can be made by Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, Maestro, American Express and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Charli Cohen.

You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

To help ensure that your shopping experience is safe and secure, we use state of the art security systems to encrypt your payment details, making it virtually impossible for the to be read over the internet.

We have the right to cancel your purchase without prior notification. Examples of occasions we may choose to cancel your purchase are: your card details have been flagged by our fraud screening processes or are declined by our fraud screening processed.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

INSURANCE AND DELIVERY

Delivery will be made by DHL Express, Fedex or Royal Mail dependent on the shipping service chosen at time of purchase.

Ownership of any products ordered by you from us shall pass to you on the later of:

(a) the date on which we receive full payment for those products;

(b) the date and time of delivery to your nominated address.

We insure each purchase during the time it is in transit until it is delivered to your specified delivery address. A signature is required for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by us, and transfer of responsibility in the same way.

We shall be entitled to supply your purchases in installments and each installment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.

SHIPPING

When your order is shipped, we will send you a confirmatory email.

A signature will be required upon delivery of your order.

Please be aware that our service is not a named delivery service and anyone 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 that has been provided for delivery.

To contact us regarding all shipping you can email us at [email protected]

DELIVERY TIMES

Delivery times are estimates and start from the date of shipping. Please note that in some areas of the UK and Europe there is a limited range of delivery services available. We will endeavor to send your order out as quickly as possible but we cannot be responsible for delays as a result of remote delivery locations or adverse weather conditions.

UK: 1-2 working days
Europe: 3-5 working days
Rest of world: 5-10 working days

Europe includes the following countries:

Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Norway, Switzerland.

Please note that deliveries to Norway and Switzerland may be subject to customs delays outside of our control. We cannot be responsible for any customs or import charges placed on your delivery.

INTERNATIONAL SHIPPING

Please note that all goods are shipped from the United Kingdom, therefore orders made from countries outside of the U.K and E.U may be subject to further duties and import costs. These costs must be covered by the customer and are not payable by Charli Cohen.

In this instance, once the goods have arrived in customs, the customer will be contacted by our courier – DHL and will be required to pay any applicable charges before their order is released for delivery.

As duties and taxes vary from country to country, we are unable to provide estimates for this.

RETURNS AND CANCELLATIONS

If you are based in the EU you also have the right to cancel your order under the Consumer Protection (Distance Selling) Regulations 2000 (“Regulations”), provided you give us written notice. Notice can be given any time after your order has been placed, up until 14 working days from the day after you received your order. Notice of contract cancellation under the Regulations must be given by email to [email protected]

Please note that this cancellation right does not apply to certain items including (without limit) goods made to your specification or which have been personalised.

For orders cancelled under the Regulations, we will issue you with a full refund including the shipping cost. All items must be returned unused and in their original condition, from the original delivery country.

Refunds will be issued via the original payment method within 30 days of us receiving returned goods in their original condition.

RETURNS POLICY

We offer a 30 day returns policy for an exchange or full refund of your order.

Returns must be requested within 30 days of their delivery date, unused and with all garment tags still attached. Where provided, any dust bags and branded packaging should be included with your return. This is also to ensure that the product(s) arrive back to us in a suitable and undamaged state.

Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.

We are currently not able to provide shipping labels for returns. Please send us an email at [email protected] to coordinate your return or exchange.

It is the customers responsibility to return all unwanted goods, and to cover return shipping costs. Charli Cohen advises that all returns are sent by recorded post to ensure the safe arrival of all goods and that shipping documentation is retained in case of dispute. We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. We cannot be responsible for any loss for an item(s) you have chosen to send to us yourself that becomes lost or missing.

When items are being returned from countries where duties and tax could be applicable, it is the customer’s responsibility to ensure that the package is correctly marked as a return. We cannot be responsible for any costs that arise from the returned package not being correctly labelled. Such packages will be held by customs for 21 days before being returned to sender.

Refunds will be issued via the original payment method within 30 days of us receiving returned goods in their original condition.

Please email [email protected] if any of your purchases have been delivered without Charli Cohen tags.

FAULTY GOODS

Goods are faulty if they are received damaged. Items that are damaged as a result of normal wear and tear are not considered to be faulty.

Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

INTELLECTUAL PROPERTY

All content (including but not limited to logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music and software, and any combination of these) of the website is either owned or licensed to us, and is protected by applicable copyright laws around the world. All such rights are reserved.

The Charli Cohen trade mark and all other marks, trade names, service marks, brand names, business names, illustrations, logos, prints which appear on the products on the website or their packaging, whether registered or unregistered are either ours or licensed to us and are protected by applicable trade mark laws around the world. All rights are reserved.

All other intellectual property in or connected to the website, our products, or any related packaging, stationery, marketing material, or in any other way are either ours or licensed to us and such rights are protected by the applicable laws around the world.

Your use of the website and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to its content including our Software and all HTML and other code contained in this Site. You are permitted to access and make personal use of the website but such use is limited and does not include the right to:

use the website in any way which may prejudice or damage our reputation or that of Charli Cohen;
use the website for any commercial or business purposes;
reproduce or redistribute the website or any of its contents for commercial or business purposes
take any action that may impose an unreasonable burden or load on our infrastructure.

We do not promise that the content of the website is accurate or error-free. We do not promise that the functional aspects of the website will be error free or that the website, its contents, nor the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

Opinions expressed by individuals on the website are the personal opinions of the authors and do not reflect the views of Charli Cohen. If you have a complaint about any posts please email [email protected]

LIMITS ON OUR LIABILITY

You have certain rights under the law in addition to those detailed under RETURNS AND CANCELLATIONS. In England these include:

that any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site; and
certain remedies if a product is defective.

Nothing in these Terms is intended to affect these rights.

We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.

If we breach the Terms we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and us at the time of you placing your order, and our dispatching your order. We shall only be liable for losses up to 100% of the total value of goods purchased.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control.

DATA PROTECTION

By placing an order you agree and understand that we may store and process your personal data in accordance with our Privacy Policy. For details on how we use cookies, the type of information we collect, how we use your information and under what circumstances we disclose information, please see our Privacy Policy and Cookie Policy.

ASSIGNMENT

We reserve the right to transfer, assign, or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Charli Cohen as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Charli Cohen, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER

If you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.

GOVERNING LAW

The Terms will be governed by and construed in accordance with English law and the relevant courts of England and Wales will have exclusive jurisdiction.

PRIVACY POLICY

Your privacy is important to us. We treat it, and any information that you give to us, with as much care as possible. Please read the following policy to understand what we do with your information. Our Site is a United Kingdom site and so our privacy policy complies with the Data Protection Act 1998 and relevant European data protection legislation. We are committed to protecting your privacy and honouring the integrity of your personal information. We do not sell or pass any information collected throug1h this website to others except as disclosed in this Privacy Policy. If you have any requests concerning your personal information or any queries with regard to these practices please contact us by e-mail at [email protected]

PERSONAL INFORMATION

We collect personal information from you when you (i) submit questions or material to us, (ii) register on this website, (iii) purchase a product from us, (iv) e-mail us or post content on our social media pages or (v) enter one of our competitions. The type of personal information we may collect (if applicable) includes the following: name, gender, user name, password, email address, postal address, phone number, and mobile number. Credit card information is held securely on a financial services approved location and cannot be accessed by us.

We use such personal information collected through this website for the purposes of:

• providing a personalised service;

• enhancing the user experience of this website;

• conducting market research surveys;

• fulfilling product orders;

• recording your full purchase history;

• running features that incorporate submissions to the website;

• running competitions; and providing you with information about, and access to, products and services we offer, either ourselves or jointly with or on behalf of other organisations.

REGISTRATION INFORMATION

We only collect your personal information in accordance with our Terms, above. When you register on the website as a member (if applicable), you will be required to provide us with your full name, your date of birth, your email address and your country of residence. We will also give you the option of providing your gender and mobile number (the “Registration Information”). Information relating to your use of the website is detailed at paragraph 3 below. We use the Registration Information only where you allow us to do so and only in respect of the offer and activities on the website that you request. If you enter a competition on the website, we will use the Registration Information to contact you to let you know if you have won and also to deliver your prize. Each competition has its own rules and they will be visible when you enter the competition online. Please ensure that you read them fully. Please also read paragraph headed “Competitions and Surveys”.

You warrant that the Registration Information is true, accurate and current and you shall inform us of any changes made to the Registration Information. You shall not pretend to be any other person when providing us with the Registration Information.

USE OF REGISTRATION INFORMATION

We may use the Registration Information from time to time to offer you services and products based on the preferences that you identify during the registration process when you become a Member, and based on any preferences of which that you subsequently make us aware. We will obtain your permission to carry out such promotions during the registration process when we obtain your Registration Information. To offer you such third party services, and provided you have given us permission, We may email you at the email address that you give us when you give us the Registration Information or subsequently.

We will use the Registration Information in relation to any goods or services that you purchase directly from us so that we can deliver such goods or services to you. If you wish to receive information about our products or services, or the products or services offered jointly with or on behalf of other organisations, please check the appropriate box on the registration page, competitions page or other relevant form or page through which the information is collected.

AGE RESTRICTION

If you are under 13 years of age you cannot become a member of the website. Wherever we require it, you will be asked for your date of birth and we may refuse you access to certain areas of the website. No information should be submitted to us without consent of the relevant parent or guardian.

NOTE TO PARENTS

This website is not directed specifically at children under the age of 13. We do not permit registration as a Member by, and will not knowingly collect or use personal information from, anyone under the age of 13, except as set out above in relation to competitions. Please make sure that your child does not give us personal information on line without asking your permission.

If you believe that your child under the age of 13 may have registered on the website, you can contact us at [email protected] and we will tell you what personal information, if any, we are holding in relation to your child. At your written request, we will either suppress the child’s personal information or place limits on the use and/or disclosure of the child’s personal information.

DATA PROTECTION AND PERSONAL INFORMATION

We recognise that the Registration Information and the information that we capture during your use of the website is personal data for the purposes of the Data Protection Act 1998 (the “Act”) and we hereby acknowledge that we shall treat the Registration Information and all other information that you give us in accordance with the Act and as set out in the paragraph entitled, Use of Registration Information.

If your personal information changes, or if you no longer need our service, you may correct, update, delete or deactivate it by emailing us at [email protected]

We may store the personal information that you send to us via this in our databases. We will only keep your personal information for as long as is reasonably necessary taking into consideration our need to answer queries or resolve problems, provide improved and new services and comply with legal requirements under applicable law(s). This means that we may retain your personal information for a reasonable period after you stop using our services or stop using this website.

We internally use personally identifiable information about our customers to improve our marketing and promotional efforts, to statistically analyse website usage, to improve our content and product offerings and to customise our website’s content and layout. We believe these uses allow us to improve our website and provide better service to our customers. We may use a customer’s email address and mailing address or phone number, to contact a customer regarding an order or administrative matters or notices. We may use information in the file we maintain about a customer to resolve disputes and troubleshoot problems.

If for some reason you believe that you have received any SPAM e-mail from us, which you have not authorised us to send you, please inform us immediately by emailing us at [email protected]

Personal data collected via this website is controlled by Charli Cohen, 1 Normanton, Buckland Road, Reigate, Surrey RH2 9RQ. In the event that you would like to view a copy of the information that we hold on you, you may do so at any time by requesting a copy to be sent you on the following email address: [email protected]

PASSING INFORMATION TO THIRD PARTIES

We shall not sell, share, hire or otherwise deal in any of your personal information or Registration Information with third parties unless you give us specific permission to do so when you register on the website or through a subsequent affirmative confirmation on the website. However we work with partner organisations including our US partner company [name specifically]. Provided that you are over 13, we may wish to send you information in relation to these partners’ products or services. We will seek your consent, or if you are under 13 the consent of your parent or legal guardian before we do so. We will also periodically give you the opportunity to “opt out” of receiving such email communication.

We will make your personally identifiable information available to other companies or people when: we hire third parties to provide specialised services such as delivery services; customer support; email message deployment; suppression, merge and de-duplication services; data processing; and special products or services that you have requested. These companies are only allowed to use the information in order to help us fulfil our services to you. We do not provide your information to these companies for their own, permanent use; If you unsubscribe for a mailing that we send to you on behalf of a third party, we may share your removal instruction with the third party so that it may be added to that person’s list of people to whom they may not send emails. We may also share your information when required by law, such as when we respond to injunctions, court orders, or legal process; or we believe that your actions violate applicable laws, our Terms of Use, or any usage guidelines for specific products or services, or threaten the rights, property, or safety of our company, our users, or others. We may share aggregated demographic information (country, city, gender (where provided)) about our user base with our Site development team and web hosting provider or other relevant third parties. This information does not identify you as an individual user. We do not link such aggregate user data with personally identifiable information.

LINKS TO THIRD PARTIES

This website may link to other websites. These third party websites are outside of our control and are not covered by this Privacy Policy. If you access other websites using the links provided (for instance by clicking on a banner advertisement), the operators of these websites may collect your personal information. Please ensure that you are satisfied with the Privacy Policies of these third party websites before you submit any personal information. We cannot be held responsible legally or otherwise for the activities, privacy policies or levels of privacy compliance of these third parties. We encourage you to read that website’s privacy policy before providing any personal information.

NEWSLETTERS

We may offer free newsletters to share information with you about the website, about us and our affiliates and subsidiaries, or about our business partners and advertisers and sponsors. You may receive a newsletter either by registering for a particular newsletter or in conjunction with a special feature or membership for which you have registered on the website. You may cancel your free email subscription by following the instructions provided on the website or, in some instances, in the designated area of certain newsletters or emails.

COMPETITIONS AND SURVEYS

From time to time we may provide you the opportunity to take part in competitions or surveys on our website. If you participate, we will request certain Personal Information from you. Participation in these surveys or competitions is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and address). Your personally identifiable information may be used to contact you for winner notification, prize delivery confirmation or other related purposes. We may ask your permission to allow us to post publicly some of your information on the website, such as on a winner’s page, in the event you win a competition or sweepstakes. Except as required by applicable law, we will not post your information without your permission. We may decide to use a third party service provider to conduct these competitions or surveys. Any such company will be prohibited from using our users’ Personal Information for any other purpose unless you give your consent. The name of any such company will be visible on any page where you are invited to part with your information or views. We will never share the personally identifiable information you provide through a competition or survey with other third parties unless we give you prior notice and choice. In those cases where we are not the operator or host of the competition or sweepstake, we have no control over the information collected and accordingly urge you to review the advertiser’s or sponsor’s privacy policy applicable to the competition or sweepstakes before participating.

SECURITY OF PERSONAL INFORMATION

To help ensure that your personal information is safe and secure, we use state of the art security systems to encrypt your personal details, making it virtually impossible for the to be read over the internet.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep your details of your order secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

COOKIE POLICY

The Charli Cohen website (charli-cohen.com) places cookies, which are small data files, on your computer or handheld device. This is standard practice for all websites.

Cookies are essential for helping us deliver a high quality website and online experience for our users, and some collect information about browsing behaviour.

By using and browsing the Charli Cohen website, you consent to cookies being used in accordance with our policy. If you do not consent, you must disable cookies or refrain from using the site.
GLOSSARY

Personal Information can also be known as Personal Data and means any information relating to you as a natural person that is capable of directly or indirectly identifying you. (On websites this is typically at least your e-mail address).

Processing of Personal Information means any operation or set of operations which is performed upon your personal information whether or not by automatic means including collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction (i.e. effectively any activity that we perform on or with the personal information that you send us). “Third Party / Parties” for the purposes of this Privacy Policy means any company which is not an affiliate of Charli Cohen LTD through either direct or indirect ownership.

IMPORTANT – Why do I have to accept the terms of this Privacy Policy?

This Privacy Policy provides you with all information necessary (in an easily accessible way) to make an informed choice as to whether to use this website and to send your personal information to us or not.

Therefore, by browsing this website and communicating electronically with us, you acknowledge and agree to our Processing of your indirect personal information (cookies, connection and system information) in the manner set out in this Privacy Policy. If you wish to register on the website or ask us to provide a certain service to you (i.e. a product purchase, newsletter or new product details etc.) We will need additional direct personal information (eg name, address and e-mail address) from you. In this case, we will ask you, or if you are under 13 your parent or legal guardian, for your express consent to collect and use this Personal Information. This Personal Information will be used only for the purposes for which you gave it to us.

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