THE HOME OF CONSIGNMENT 0 Terms and Conditions of Sale Undercover Brothers Ltd These terms and conditions (the “Terms“) govern how we supply you with any of the products (“Products”) listed on our website www.presentedby.com (the “Website“) as well as your use of our Website. Please read these Terms carefully. Before proceeding with payment of your order you will be required to show that you have read and understood these Terms by clicking on the button on the Checkout page if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site. We recommend that you print a copy of these Terms for your future reference. INFORMATION Information about us The Website www.presentedby.com is a site operated by Undercover Brothers Ltd. We are registered in England and Wales under company number 09469512 and with our registered office at: Unit 2 Western Avenue Business Park Mansfield Road Acton, London United Kingdom, W3 0BZ. References to “we“, “our“, “us” in these Terms is to Undercover Brothers Ltd. Service availability Our Website is intended for use worldwide, where served by DHL Express, with the except of Cuba, Iran, North Korea, Syria and the Crimea region. YOUR ORDER By placing an order through our Website, you confirm that: you are legally capable of entering into binding contracts, and you are at least 18 years old; Ordering the Products and contracting After placing an order, you will receive an Order Confirmation from us acknowledging that we have received your order and setting out the order details. Please note that this is an acknowledgement only and 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, and we will confirm such acceptance to you by sending you a Dispatch Confirmation that confirms that the Product has been dispatched (the “Dispatch Confirmation“). The contract between us (“Contract“) will only be formed when we send you the Dispatch Confirmation and accompanying Invoice. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. If, at any time after you have placed the order, you wish to cancel or amend it you may do so by emailing us at support@presentedby.com. We shall not be obliged to accept any change, but if we do accept the change, we may be entitled to recover from you any unavoidable losses that we suffer as a result of the change and to alter the date for delivery and the price as a condition of accepting the change. If we do not supply the Products to you for any reason, we will not charge you for those Products and will refund any money already paid for them. However we will not be responsible for compensating you for any other losses which you may suffer if we do not supply the Products. REFUNDS AND RETURNS If you are not 100% satisfied with your purchase you can return your Products at any time within fourteen (14) working days, beginning on the day after you received the Product(s). To return your Product you must inform us by emailing support@presentedby.com stating the order number quoted on your Dispatch Confirmation. You must return any Products which were ordered to us, in perfect original sale-able condition in the original packaging and with all tags attached. You will receive a full refund of the price paid for the Products. You are responsible for any return shipping charges with the exception of returns of faulty items or items that are described or priced incorrectly. For your protection, please be sure to return your Products via recorded or registered post. Your refund will be made by the method you used for payment as soon as possible and in any event within 14 days of us receiving your return. Due to the limited availability of our products, we cannot hold stock for exchanges. If you are not 100% satisfied with your purchase then you may use our Refunds and returns policy as set out above. If you wish to purchase another item by way of an exchange, then you must submit a new order online, although please note that certain items may no longer be available due to the limited production runs of our products. YOUR ADDITIONAL STATUTORY RIGHT TO CANCEL THE CONTRACT If you are a customer in the EU or in Norway, Liechtenstein or Iceland, you have a statutory right to cancel any order you place with us within 14 days of receiving your order. This is an additional and separate right to our Refunds and returns policy (set out above). You may choose either method to return orders. If you are a non-EU customer, this cancellation right is not available to you. Please use our Refunds and returns policy. Details of your cancellation rights, and an explanation of how to exercise them, are provided on the Invoice. This provision does not affect your statutory rights. POSTAGE AND SHIPPING COSTS All orders are sent using DHL Express. Shipping and delivery We will aim to ship all orders placed before 3pm the same day. Your order will be fulfilled by the delivery date set out on the Invoice or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. The Dispatch Confirmation will include a tracking number. All orders will require a signature on delivery. Delay is sometimes outside of our control and therefore, time of delivery will not be of the essence. As such we will not be liable for any losses, costs, damages, charges or expenses caused by any delay in delivering the Products to you. If the Delivery Address is incorrect or incomplete and as a result we try but are not able to make the delivery, we may treat the order as cancelled by you. Where we deem the order to be cancelled we will refund the price of the Products, but we shall be entitled to keep the amount you paid for delivery. AVAILABILITY All Products advertised on our Website are subject to availability and you will be informed by email following the placing of your order if ordered Products are unavailable. Risk and title The Products will be at your risk from the time of delivery to your address. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges. PRICE AND PAYMENT The price of any Products will be as quoted in Pounds Sterling for UK customers, in Euro’s for European customers and in US Dollars for customers in the rest of the world on our Website from time to time, except in cases of obvious error. These prices include VAT (unless expressly stated as exclusive of VAT) but exclude delivery costs, which will be added to the total amount due. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. Full payment must be received and verified by us before your purchase can be guaranteed. OUR LIABILITY We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased. This does not include or limit in any way our liability: for death or personal injury caused by our negligence; under the Consumer Protection Act 1987; for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. We will not be liable for any loss or damage caused by viruses, a denial-of- service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this clause 14.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 14.1. COMMUNICATIONS Written communications Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing via the email address at support@presentedby.com. This condition does not affect your statutory rights. TRANSFER OF RIGHTS AND OBLIGATIONS The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. EVENTS OUTSIDE OUR CONTROL We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control. If we are unable to fulfil or deliver an order due to events beyond our reasonable control, we shall not be responsible for the non-delivery or fulfilment of that order. We will attempt to complete delivery or fulfilment of all such orders as soon as the Force Majeure Event ends. DATA PROTECTION, PRIVACY AND COOKIES Please see our Privacy Policy for details as to how we treat your personal data. OUR RIGHT TO VARY THESE TERMS We have the right to revise and amend these Terms from time to time without notice to you. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products). LAW AND JURISDICTION Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. ©2021 PRESENTEDBY. ALL RIGHTS RESERVED HOME ABOUT US PARTNERSHIPS COLLECTIONS BLOG FIND US VIP MEMBERS