Unmade Terms & Conditions
These are the terms and conditions of supply for http://unmade.com (Site). The Site is operated by Unmade Limited. We are a limited company, registered in England. Our registered company number is 08498078, and our registered office is at Somerset House Vault 2, Strand, London, WC2R 1LA. Our VAT registration number is 167 8607 66.
Your use of the Site will be subject to these terms and conditions and by using the Site you agree to be bound by them. Any products you order from the Site are supplied subject to our Website Terms of Supply. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.
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 [7 September 2015].
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.
We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us, including users who wish to purchase Products on the Site. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.
We may allow users to register for accounts using details they have registered with a social media website. If you should choose to do so, that social media website may authenticate your identity and share some of your details with us which we will use for your account. We may also send you push notifications to social media accounts linked with your log-on ID.
We cannot guarantee the continuous, uninterrupted or error-free operability of the 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:
'scrape' content or 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, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
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.
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.
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.
The Site may, from time to time, allow you to upload user-generated content and may also allow you to communicate that content, either to selected recipients or in public areas, such as comments pages or message boards, (collectively User Content Areas). We do not control the material submitted to User Content Areas (collectively User Submissions), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.
If you participate in any User Content Areas, you must:
keep all User Submissions relevant to the purpose of the User Content Area and the nature of any topic;
not submit any User Submission that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
not submit any User Submission that contains any viruses and/or other code that has contaminating or destructive elements;
not submit any User Submission containing any form of advertising; and
not impersonate, or misrepresent an affiliation with, any person or entity.
You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.
Whilst we do not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.
Complaints about the content of any User Submission must contain details of the specific User Submission giving rise to the complaint.
We may occasionally send a newsletter to you using your email address. You will be given the option to opt out of receiving these newsletters.
The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. 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.
Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded. Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or the Site will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
Website Terms of Supply
These are the terms and conditions of supply for http://unmade.com/ (Site). The Site is operated by Unmade Limited trading as Unmade (we, us and our). We are a limited company, registered in England. Our registered company number is 08498078, and our registered office is at Somerset House Vault 2, Strand, London, WC2R 1LA. Our VAT registration number is [number].
We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. These terms and conditions were last updated on [7 September 2015].
Ordering and availability
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Buy Now" button on the checkout page.
After placing an order, you will receive an email from us acknowledging 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 a Product. 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 "Buy Now" button, you enter into an obligation to pay for the Product(s) in the event that your order is accepted by us. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms this (Order Confirmation). The contract between you and us in relation to the Products 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 goods that are in conformity with the Contract.
The Contract will relate only to those Products whose acceptance we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Order Confirmation.
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances.
Your order will be delivered to the delivery address you specify when placing your order. Please see our Delivery page for further details of where we deliver to and the estimated delivery costs and delivery timing. Please note that where a bespoke Product you purchase is being manufactured by us, estimated delivery times set out on our Delivery page are calculated from the date of completion of manufacture. 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. Products comprised within the same order cannot be delivered to different addresses.
Deliveries are made by courier and take place on Monday to Saturday (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. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
Delivery outside the United Kingdom
If you order Products 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. 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 products are destined. We will not be liable for any breach by you of any such laws.
Risk and ownership
Products ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Products 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 Products, including any delivery charges, has been received.
You acknowledge and agree that all intellectual property rights (including all copyright, design and trade mark rights) in or relating to the Products (including any adaptations made by you to the Products at any time, whether or not authorised by us) are and will remain owned by us or any of our relevant third party designers/suppliers (as applicable). In the event of such ownership requiring further confirmation at any time, you hereby assign all such rights to us or such third parties (as applicable), and/or will promptly execute any documents and perform any acts required for the purpose of confirming such ownership.
Price and payment
The price of Products is as quoted on the Site from time to time.
Prices include VAT but other than delivery to United Kingdom (with some minor exceptions) exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due as set out in our Delivery page once you have selected your chosen different delivery destination.
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 by credit or debit card on the checkout page. We accept payment by most major credit and debit cards. Please note that, for security reasons, the statement address for the credit or debit card you use to pay must be the same as the delivery address for the order.
We will not charge your credit or debit card until we despatch your order.
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 may charge you an online handling fee or processing fee. We are not responsible for this.
Except in relation to certain Products set out below, 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 Products in accordance with our refunds policy (see below).
To cancel a Contract, you must clearly inform us, preferably:
by email at firstname.lastname@example.org giving us your name, address and order reference; or
by completing our cancellation form available on the Site and returning it to the address specified in that form.
You must also return the Products 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 Products and make sure they conform to your order). You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of the Product, from the refund to which you are otherwise entitled.
You will not have any right to cancel a Contract for the supply of any of Products that have been substantially personalised or made to your own unique bespoke specifications so that we are unable to re-sell them unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered.
To return the Products, 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 to the following address:
UMd c/o Unmade, Somerset House, Lancaster Place, London. WC2R 1LA
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 Products 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 above), we will process the refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Products back or, if earlier, the day on which we receive evidence that you have returned the Products to our returns address (see above). We will refund the price of the Products in full (subject to any deduction we are entitled to make due to your use of or damage to the Products), including the cost of standard delivery. However, we will not refund your cost of returning the Products to us.
We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.
If any Product you order is damaged or faulty when delivered to you, 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, 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.
Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor 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 (see Contacting us).
Nothing in these terms and conditions shall limit or exclude our liability to you:
for death or personal injury caused by our negligence;
for fraudulent misrepresentation;
for breach of any statutorily-implied term as to ownership of the Products;
under Part I of the Consumer Protection Act 1987; or
for any other liability that may not, under English law, be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Products 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.
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 and conditions. 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 and conditions is found to be unenforceable, all other provisions shall remain unaffected.
These terms and conditions may not be varied except with our express written consent.
These terms and conditions 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 and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or any Contract will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to email@example.com, by telephone on +44(0)20 3701 7639 between the hours of 9:30am to 5pm, Monday to Friday or write to us at:
Unmade, Somerset House, Lancaster Place, London. WC2R 1LA
We are committed to protecting your privacy on-line. We appreciate that you do not want the personal information you provide to us distributed indiscriminately and here we explain how we collect information, what we do with it and what controls you have.
Information we may collect from you
We may collect and process the following information about you:
information (such as your name, email address, postal address and telephone number) that you provide by completing forms on the Site, including if you register as a user of the Site, subscribe to any service, upload or submit any material via the Site, request any information, or enter into any competition or promotion we may sponsor;
in connection with an account sign-in facility, your log-in and password details;
details of any transactions made by you through the Site;
details of any designs for products that you create on the Site;
details from a social media website when you use your social media credentials to register an account or use our services (for example, if you log in with your Facebook credentials, we may collect some information you have made publicly available in Facebook);
communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Site or its content;
information from surveys that we may, from time to time, run on the Site for research purposes, if you choose to respond to, or participate in, them.
You are under no obligation to provide any such information. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.
We may, from time to time, run referral programmes or similar initiatives, such as a "Tell a Friend" programme, that invite you to provide us with the contact details of someone who is known to you who may find our products or services to be of interest. We will only use those contact details for the purpose of the relevant initiative (and not for general marketing purposes). By providing us with their details, you confirm that you have their permission to do so and must not provide us with the details of anyone from whom you do not have such permission. We reserve the right to identify you as the person who has made the referral in the message that is sent to them.
When you visit the Site, we may automatically collect additional information about you, such as the type of internet browser you use, any website from which you have come to the Site and your IP address (the unique address which identifies your computer on the internet) which is automatically recognised by our web server. You cannot be identified from this information and it is only used to assist us in providing an effective service on the Site and to collect broad demographic information for aggregate use.
When you interact with the Site, we try to make that experience simple and meaningful. When you visit the Site, our web server sends a cookie to your computer. Cookies are small pieces of information which are issued to your computer when you visit a website and which store and sometimes track information about your use of the Site. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the Site and will last for longer.
remember that you have visited us before; this means we can identify the number of unique visitors we receive. This allows us to make sure we have enough capacity for the number of users that we get;
customise elements of the promotional layout and/or content of the pages of the Site;
collect anonymous statistical information about how you use the Site (including how long you spend on the Site) and where you have come to the Site from, so that we can improve the Site and learn which parts of the Site are most popular with visitors; and
gather information about the pages on the Site that you visit, and also other information about other websites that you visit, so as to place you in a “market segment”. This information is only collected by reference to the IP address that you are using, but does include information about the county and city you are in, together with the name of your internet service provider. This information may then be used to place interest-based advertisements on the Site which it is believed will be relevant to your market segment. For more information about this type of interest based advertising, and about how to turn this feature off please visit http://www.youronlinechoices.com/uk/.
Some of the cookies used by the Site are set by us, and some are set by third parties who are delivering services on our behalf.
Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser. Please note, however, that by blocking or deleting cookies used on the Site, you may not be able to take full advantage of the Site.
Third party cookies
In addition to cookies, tracking Gifs may be set by us or third parties in respect of your use of the Site or in email communications that we send to you. Tracking Gifs are small image files within the content of the Site or the body of our newsletters so we or third parties can understand which parts of the Site are visited and whether particular content is of interest.
Uses made of your information
We will use the information you provide to:
enable us to process your orders and to provide you with the services and information offered through the Site and which you request;
administer your account with us;
verify and carry out financial transactions in relation to payments you make online;
share details of any designs for products you created across the Site and with other users, and also with any designers or brands that we may work with from time to time;
audit the downloading of data from the Site;
improve the layout and/or content of the pages of the Site and customise them for users;
push notifications to any social media accounts you have linked to your log-in details;
identify visitors to the Site;
carry out research on our users' demographics and tracking of sales data;
send you information we think you may find useful (including by way of a newsletter) or which you have requested from us, including information about our products and services, provided you have indicated that you do not object to being contacted for these purposes.
We may disclose aggregate statistics about visitors to the Site , customers and sales in order to describe our services to prospective partners, advertisers, sponsors and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.
We may disclose your personal information to any of our affiliates, or to our agents or contractors who assist us in providing the services we offer through the Site, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data, providing support services or in other tasks, from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions.
In the event that we undergo re-organisation or are sold to a third party, you agree that any personal information we hold about you may be transferred to that re-organised entity or third party.
We may disclose your personal information if required to do so by law or if we believe that such action is necessary to prevent fraud or cyber crime or to protect the Site or the rights, property or personal safety of any person.
The Site may, from time to time, make chat rooms, message boards, news groups and/or other public forums available to its users. Any information that is disclosed in these areas becomes public information and you should exercise caution when using these and never disclose your personal information.
Protecting the safety of children when they use the Internet is very important to us. We recommend that children receive permission from their parent or guardian before gaining access to the Site or sending personal information to us or anyone else online.
The Site may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites.
We place great importance on the security of all personally identifiable information associated with our users. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.
You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via the Site whilst it is in transit over the internet and any such submission is at your own risk.
It is advisable to close your browser when you have finished your user session to help ensure others do not access your personal information if you use a shared computer or a computer in a public place.
Storage of your information
Information that you submit via the Site is sent to and stored on secure servers located in Europe. This is necessary in order to process the information. Information submitted by you may be transferred by us to our other offices and/or to the third parties mentioned in the circumstances described above (see Information sharing), which may be situated outside the European Economic Area (EEA) and may be processed by staff operating outside the EEA. The countries concerned may not have similar data protection laws to the EEA. Where we transfer your information we will take all reasonable steps to ensure that your privacy rights continue to be protected. By submitting information via the Site, you agree to this storing, processing and/or transfer.
You have a legal right under the Data Protection Act 1998 to a copy of all the personal information about you held by us. On request, we will provide you with a copy of this information. You also have a right to correct any errors in that information. As mentioned above, you have a right to prevent the use of your personal information for direct marketing purposes.
Unmade, Somerset House, Lancaster Place, London. WC2R 1LA