Terms & Conditions

General

Blakely Clothing Co Limited is a company registered in England and Wales with company number:  07973401

Access to and use of this Website and the products and services available (“Services”) through this Website (‘Site’) are subject to the following terms, conditions and notices (the "Terms"). The contract under which the Supplier shall supply Goods to you pursuant to, in accordance with and subject to the Supply Conditions (“Contract”). These Terms form the basis of the Contract that will govern our dealings with you. They apply to the supply of Goods (“Products”) and Services by Blakely Clothing Co Limited (“Us” or “We” or “Blakely” or “Our”) to the person, company or other type of organisation (“you” or “Your” or “customer”) that enters into a Contract to purchase Goods and use Services from us.

Please read these Terms carefully and make sure you understand them before accessing and/or purchasing Products and Services.

By using the Services, you are agreeing to all of the Terms, as may be updated by us from time to time.

Every time you wish to order Products or contribute to Our Site please check these Terms. When using Our Site you should check this page regularly to take notice of any changes we may have made to the Terms. The Terms apply to all visitors and users of the Site, including users who contribute content or information and subscribers to other services on the Site. The Terms also apply to individuals or entities on whose behalf a user accesses the Site. For those persons wishing to use our Services, they must read and agree to be bound by our policies relating to those services.

 If you do not agree to the Terms, do not use the Site. We shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Site.

We also may revise, modify or change the Terms at any time at our sole discretion with or without notice. Your continued use of the Site after we post changes to the Terms constitutes acceptance of the Terms as modified. It is your responsibility to regularly review the Terms.

The images and pictures of the Products on Our Site are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s or device’s display of the colours accurately reflect the colour of the product. Your Products may vary slightly from those images.

Although we have made every effort to be as accurate as possible because our products are hand made all sizes, capacities, weights, measurements and dimensions indicated on Our Site have a 5% tolerance.

Many of the items which We offer for sale are fashion items and may not be suitable for sports or other activities. You should therefore satisfy yourself that items are suitable for the type of sports activity that You wish to use them for.

 

The packaging of the Products may vary from that shown in the images on Our Site.

If you are under 18 years old, 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. If You are a consumer you may only purchase Products from Our Site if you are at least 18 years old.

Steps to place an order:

To offer to purchase a product from Us using Our Site you will need to select the intended product for purchase and follow Our onscreen instructions to Our basket section of the Site. Please refer to the site map for alternative guidance. At this point you are able to enter you postal code to select your preferred delivery option and use an eligible gift voucher or promotional code. To offer to purchase a product you will need to continue to checkout where You will be asked to fill out particular information to allow Us to receive Your offer of purchase. Our order process then allows You to check and amend any errors before submitting Your offer to purchase Our Product or Products.

 

Once You have placed an order, You will receive an email acknowledging that we have received your order, however please note that this does not mean that we have accepted your order.  We will confirm Our acceptance to You by sending you an email stating that Your order has been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed once we send you the Dispatch Confirmation.   

You may cancel a Contract from the date you place an order, which is when the Contract between us is formed. You have a period of 28 days in which you may cancel/return products from this point. All items must be received back in our possession before the 28th day.

You must take reasonable care of the Products and return the Products to us unused in a saleable condition, with your receipt or invoice. Blakely Clothing is not responsible for providing a new parcel bag for the purpose to return in. We refund You to the credit or debit card used to pay for the Products.

You must return the products to us as soon as reasonably practicable.

You will be responsible for the costs of returning the Products to us.

Due to hygienic reasons boxer shorts are ineligible for returns/exchanges.

As a consumer, You have legal rights in relation to Products that are faulty or not as described. The warrantee for faulty products is 6 months. Please contact help@blakelyclothing.com within 7 days with your order reference and images of the fault, and our customer service team will assist you with a resolution. Advice about your legal rights is available at Your local citizens’ advice bureau or trading standards office. Nothing in these terms will affect Your legal rights.  

Whilst the goods are in your possession you must take reasonable care of them and not use them. 

For more information please refer to Our Terms of sale section.    

Customer registration

You will then be asked whether You are a new or a returning customer. To register as a new customer You will be asked to provide Your details and will be asked to create and confirm a password. We will then store that information so that if You place further Orders with Us, You will not need to re-enter all Your details and You will be remembered as a returning customer. Returning customers will be asked for a password and e-mail address to login, each time an Order is placed.

Klarna Payments

You can choose to pay using Klarna. Klarna will provide you with specific payment terms. For further information or questions regarding your payment, please visit Klarna's website or contact Klarna's customer service.

Use of Our Site.

Your use of the Blakely Site is at your risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site.

This Site must not be framed on any other website, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice. You must not establish a link from any website that is not owned by you. You may link to our home page, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

This Site is for your personal, non-commercial use only. You may store, print and display the content supplied solely for your own personal use. You may not use this Site, or any of the material appearing on the Site to further any commercial purpose, including selling any content, software, products, or services. You also may not use the contents of this Site for commercial purposes including (but not limiting to) advertising or to promote or generate activity on any other website. You may not copy, distribute, transmit, display, perform, license, create derivative works from, transfer publish, manipulate, distribute or otherwise reproduce any of the material, contents, products or services on Our Site. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Us or its licensors.

You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Blakely, the server on which Blakely’s Site is hosted or any server, computer or database connected to Blakely.

You will not commit or encourage a criminal offence. You will not breach of confidence or be in any way offensive or obscene. You shall not cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Site or to your downloading of any material posted on it, or on any website linked to it.

Blakely does not warrant or represent that Blakely's Site content is accurate, error-free or reliable or that your use of Blakely's Site content will not infringe rights of third parties.

Blakely does not warrant that the functional aspects of the Web Site or Blakely's content will be error free or free of viruses or other harmful components. Blakely and its suppliers make no warranties about Blakely content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. Blakely reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Blakely is not liable to you or any third party for any such withdrawal.

We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

 

 

Terms of Sale:

By placing an order You are offering to purchase a Product on and subject to the following Terms. All orders are subject to availability and confirmation of the order price.

You, the Customer, is responsible for ensuring that the terms of the order and any applicable specification submitted by Yourself is complete and accurate.

The Contract constitutes the entire agreement between You, the Customer, and Blakely. You acknowledge that it has not relied on any statement, promise or representation made or given by or on behalf of Blakely which is not set out in the contract.

Any samples, drawings, descriptive matter or advertising produced by Blakely and any descriptions or illustrations contained in Blakely’s catalogues or brochures or emails are produced for the sole purpose of giving an approximate idea of the goods described in the item. They shall not form part of the contract or have any contractual force. 

We will have the right, at any time, to make changes to information about Products displayed on Our Site, for example information about prices, description or the availability of Products and We may do so without first giving You notice of the changes. 

The inclusion of any Products on Our Site does not imply, warrant or guarantee that the Products will be available if You wish to place an order to offer to purchase it.

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.

We reserve the right not to accept  Your order in the event, for example, that We are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy Our quality control standards and is withdrawn, or that You do not meet Our eligibility criteria.

Furthermore, We will not be liable to You or any third party by reason of Our withdrawing any Products from the Site whether or not those Products have 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.

In an effort to protect our customers, all orders placed via Our Site are screened and security checked for fraud. Orders randomly selected for security screening cannot be processed until we hear back from you so it is in your interest to include a valid telephone number and email address with your order so we can contact you if we need you to confirm certain elements of Your order which may include the billing or delivery address. We will never ask You for full credit / debit card details. Although it is rare that it would be necessary for Us to cancel an order, We reserve the right to refuse any orders from a customer where the following situations are applicable:

• Incorrect credit/debit card number, expiration date or security code.
• Incorrect billing information (billing information You provide is different from information Your credit card company/ bank has on record).
• Insufficient/incorrect shipping address (street, town/city, county or postal code).
• Fraudulent information.

We may cancel any order if fraudulent activity is suspected and may refuse to process subsequent orders from Customers with a previous fraudulent order history. If we are unable to contact You using the telephone number or email address that you have provided with your order within 3 days we reserve the right to cancel your order and give a full refund to the original card or credit card used.

All orders are subject to acceptance and availability.

Once an order is dispatched by us and it is claimed by the customer that it has not been successfully delivered the value for the item is then no longer eligible for a refund. The value is eligble for a gift voucher or to be resent the original item once again.  

Orders placed by you are an offer to purchase and will be accepted by us subject to stock availability at the stated prices, and subject to your payment having been received by us in full. We require full payment for the goods before your order can be accepted. Once your payment has been received by us, we will send an email to your stated email address. This email is NOT an acceptance of your order. Dispatch will be arranged to your address. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which We will not be responsible.  Completion of the contract between you and Blakely will be perfected when we dispatch the goods to you from our premises. You will be informed of this via a Dispatch Confirmation email. Once the item has left the Blakely premises the title and ownership passes to the customer. At this point all risk is passed onto the customer and therefore Blakely Clothing Co accepts no liability or responsibility for the product. Blakely Clothing Co will supply the customer with reciept and proof of postage at this time, so if the customer wishes they may follow up any problems with the postal service. The sale contract is concluded in Norfolk, England, and the contract language is English.

 

The sale of your order will appear on your credit card statement as Blakely Clothing Co Limited. We reserve the right to request additional proof of billing information. If you think the amount of a sale related to an order at Blakely Clothing co is incorrect, please email us.

Payment can be made by Visa, Visa Electron, MasterCard, Delta, and Maestro debit cards. Payment will be debited and cleared from your account upon receipt of your order by Blakely.

You confirm that the credit/debit card that is being used is yours.

 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 Blakely, we will not be liable for any delay or non-delivery.

We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using Natwest Merchant Services, a secure online payment gateway that encrypts your card details in a secure host environment.

Furthermore, we will take all 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 Site.

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

The Contract between You and Us is binding. You may not transfer or assign Your rights or obligations to another person without Our express agreement. We may transfer or assign Our rights and obligations under the Contract or appoint third parties to assist Us in performing Our obligations at any time provided that this will not reduce Our obligations to You.

You also acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Blakely Clothing Co Limited as a result of the Terms 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 Blakely Clothing Co Limited, and we shall not be liable for any representation, act, or omission on your part.

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 an Event Outside Of Our Control. An Event Outside Of Our Control means any act or event outside of reasonable control. Shipping & Delivery options as selected by the customer are based on English shipping, Weekends & Public Holidays. If the customer is ordering from outside of England it is their responsibility to account for alternative public holidays or times when their primary mailing service is not operating. We especially advise care when selecting 'Express' or 'Next Day' delivery options around these times.     

The Blakely packages are tracked and as a result  we can not accept any responsibility for successfully delivered packages to shared buildings (eg Work places, Universities, Shared postal rooms, Hotels etc) It is the customers responsibility once the package has arrived at the requested address and we can not accept any responsibility if after the arrival if it is lost or stolen. Refunds are not eligible in this situation. 

 

Pricing/Products

All prices of a Product have VAT include at the current rate chargeable in the UK for the time being. Prices for the Products do not include delivery charges.

Blakely uses a standard pricing policy for the UK and Channel Islands which ensures that all of our customers are charged the same price, regardless of where they live. We do not offer VAT refunds on orders delivered to the Channel Islands.

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies. 

 

Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Site.

The conditions of use relating to any discount code will be specified at the time of issue.

These Terms relate to all Blakely promotions, competitions and discount codes (unless otherwise stated):

Only one promotion code can be used per order

Maximum pre-discount spend limit of £500 applies per order

A promotion code can't be used after an order has been placed

Unless specified discount codes cannot be used on sale items.

 

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Blakely and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages. Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, conditions or warranty which might be implied or incorporated into these Terms by statue, common law or otherwise is excluded to the fullest extent permitted by law. In particular we will not be responsible for ensuring that the Products are suitable for Your purpose. 

 

 Except unless we explicitly state elsewhere, we shall not be responsible for any indirect or special losses which happen as a side effect or consequence of any main loss or damage or for anything which we or you could not reasonably anticipate this includes but is not limited to the following, however they arise: lost profits,  loss of income or revenue, loss of savings,  loss of data or other intangibles, loss of use of money,  arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This does not affect Blakely's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

You agree fully to indemnify, defend and hold Us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms by you or any other liabilities arising out of your use of this Site, or the use by any other person accessing the Site using your shopping registration account and/or your personal information.

TO THE EXTENT THAT WE ARE LIABLE TO YOU IN RESPECT OF BREACH OF CONTRACT, FOR NEGLIGENCE OR FOR ANY OTHER LEGAL LIABILITY IN RELATION TO THE GOODS OR THIS CONTRACT OR OTHERWISE, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THREE TIMES THE PRICE OF THE GOODS WHICH ARE THE SUBJECT OF THE LIABILITY, PAID BY YOU TO US AND ANY LOSSES WHICH ARE FORESEEABLE AS A DIRECT CONSEQUENCE OF US BREAKING OUR CONTRACT WITH YOU.

If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms 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.

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

These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.

 

INTELLECTUAL PROPERTIES RIGHTS

The intellectual property rights in all software and content made available to you on or through this Site remains the property of Us and are protected by copyright laws. All such rights are reserved by Us.

You acknowledge and agree that all ownership rights known as intellectual property rights in the Products including all designs, trademarks, brand name, images and logos are and shall remain Our property or those of Our licensors including Blakely Software and all HTML and other code contained in this Site.

You are permitted to use the content only as expressly authorised by Blakely and/or its third party licensors.

At no time shall any rights, title or interest in the intellectual property rights pass to You.

Any reproduction or redistribution of the above listed content is prohibited. Content includes (but not limited to) any graphics, photographs, including all image rights, Products, sounds, music, video, audio or text on this Site.

You must not offer any Product for resale.

No licence or consent is granted to you to use Our trademarks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Blakely Clothing Co Limited. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 

 

 

Delivery and Returns

The Blakely team works hard to get your package out to you as soon as possible - we estimate that your package will be with you within 7 working days using the standard delivery.  Although it’s not possible to give you an exact time, we work our hardest to get the items delivered asap. Any dates and times for delivery are approximate only, and the time of the delivery is not of the essence. Blakely Clothing Co Limited shall not be liable for any delay in delivery of the goods that is caused by a Force Majeure Event or the customers failure to provide Blakely Clothing Co Limited with adequate delivery instructions or any other instructions that are relevant to the supply of goods.

We allocate the courier we believe will deliver your order to you in the quickest time depending on the size and weight of your parcel.

Deliveries can be made anytime between 7am and 9pm.

Please see individual country listing for delivery time scale.  

A signature may be required on receipt of your parcel. If you're not in when your parcel arrives, a card will be left telling you where it is. It might be left in a safe place or there will be details on how to pick up your order or rearrange delivery.

• Deliveries are not made on bank holidays, so you can expect your order to arrive the next working day.

We can deliver to your permanent residential address or your place of employment. If you want your delivery to reach you at work, you need to be confident that someone will be there to take receipt of the goods as the courier will deliver to the place not the person. 

You own the Products once we have received payment in full, including all applicable delivery charges. 

If your order has not arrived by the estimated delivery date, we're here to help.

Before getting in contact with us, have you tried: Checking we have the correct delivery address for your order and your contact details are up to date as per confirmation email. Your parcel may be awaiting collection at a local Post Office or delivery depot, or you may need to arrange redelivery. Also check with your neighbours to see if they have accepted the parcel on your behalf  or looking in any safe areas the driver may have left your parcel, such as behind bins or in a shed, garage or porch.

We are unable to amend any part of your order or change the delivery or payment method once your order is complete.

If you are missing an item in your package we may have sent your items in separate parcels so please check your emails to see if any of your items will be arriving separately. If your order has been sent in different parcels then each delivery note will tell you the items you can expect to find inside. Please check the delivery notes from each part of your order to make sure you're not missing anything.

Returns

Exchange: Need a different size or colour? Simply pop it back to us with a note explaining which size you'd like and we'll do the rest... 

Exchange or receive a gift voucher within 28 days of delivery confirmation.

Blakely Clothing Co Limited, Blakely HQ, Marriotts Way, Melton Constable, NR24 2BT

Refund Policy: Returns must arrive to us within 14 days of date of delivery tracking confirmation for a refund. Please make sure that your email address & telephone number is entered correctly at checkout to receive relevant information. Please email us if you have a problem.  

Please indicate Exchange or Refund on the returning invoice. 

Please ensure that your order information is included inside your return. If you no longer have the document that came with your parcel, please ensure that your name and order number are written inside the parcel. We cannot guarantee your return will be processed without this.

We are not responsible for any items that are returned to us by mistake. In the unlikely event that an item is returned to us in an unsuitable condition, we may have to send it back to you. We recommend you obtain proof of postage. No Postage or carriage duty will be refunded.

Price fluctuations can occur in response to fashion trends, stock and demand from customers. In this case we will not refund the difference.

OUR RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS. DETAILS OF YOUR LEGAL RIGHTS ARE AVAILABLE FROM TRADING STANDARDS OR CONSUMER DIRECT.

If the Products were delivered to You, You must return the products to us as soon as reasonably practicable. Unless the Products are faulty or not as described, You will be responsible for the costs of returning the Products to us.

Products must not be vacuum packed before returning to us. Any product that has been vacuum packed will be deemed as unsaleable.  

Please note that customers have a further 14 days to return for a refund if they email in within the 14 days from the delivery date.

The returns policy is the same for both in store and online purchases.

Please note: Once you have requested your return preference on the portal we cannot guarantee that it can be changed or altered. Exchange requests cannot be guaranteed – if your requested product for your exchange is not available at the time of your return being processed, you will be issued a reimbursement for the amount paid for the returned item via original payment method or gift voucher.

Severance

If any court or competent authority finds that any provision of the contract between Blakely Clothing Co Limited and the customer for the sale and purchase of the goods in accordance with these conditions is invalid, illegal or unenforceable, that the provision or part-provision shall, to the extent required, be deemed to be deleted and the validity and enforceability of the other provisions of the contract between Blakely Clothing Co Limited and the customer for the sale and purchase of the goods in accordance with these conditions shall not be affected.

 

If any invalid, unenforceable or illegal provision of the contract between Blakely Clothing Co Limited and the customer for the sale and purchase of the goods in accordance with these conditions would be valid, enforceable and legal is some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

 

Waiver.

A waiver of any right or remedy under the contract between Blakely Clothing Co Limited and the customer for the sale and purchase of the goods in accordance with these conditions is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the contract the between Blakely Clothing Co Limited and the customer for the sale and purchase of the goods in accordance with these conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or part exercise of such right or remedy shall preclude or restrict the exercise of that or any other right or remedy.

 

Third party rights.

A person who is not a party to the contract the between Blakely Clothing Co Limited and the customer for the sale and purchase of the goods in accordance with these conditions shall not have any rights or in connection with it.

 

Variation.

Except as set out in these terms of service and variation to the contract the between Blakely Clothing Co Limited and the customer for the sale and purchase of the goods in accordance with these conditions including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Blakely Clothing Co Limited.

 

Governing law and jurisdiction.

The contract the between Blakely Clothing Co Limited and the customer for the sale and purchase of the goods in accordance with these conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formulation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

 

The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Blakely. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of Blakely.

 

 

Privacy Policy:

This policy, together with our terms of use and any other documents referred to on it, sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate. Blakely Clothing Co Limited (“Blakely”) is totally committed to protecting the privacy of our site visitors and customers. Also by clicking the corresponding checkbox when registering for our service or by completing the online Blakely Blog/Blakely Beaut form, users grant us permission to collect, process, and use their personal data to the extent specified within the scope of the data processing processes described below. A user may, of course, revoke this consent at any time. 

Revocation can be sent to us in writing an e-mail sent to our customer service here.

The Website is not designed for, or directed to children. As such, we do not intend to collect and will not knowingly collect any personal information from children below the age of 18 without parental consent. If you are under 18, you must ask your parent or guardian before you send any information to us or ask us to e-mail anything to you. By sending us any information or asking us to send you information you are confirming that you have received the informed consent of your parent or guardian. Parents are encouraged to review their children’s e-mail and internet activities to ensure that the Website is being used by their child in accordance with parental consent and this Policy. Should parents wish to access their children’s personal information held by us, they should contact us here.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

 

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

INFORMATION WE MAY COLLECT FROM YOU:

• We may collect and process the following data about you:
• Information that you provide by filling in forms on our site www.blakelyclothing.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information, when you report a problem with our site, subscribe to our newsletter or enter a competition or promotion we may run through our site.
• If you contact us, we may keep a record of that correspondence.
• We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
• Details of transactions you carry out through our site and of the fulfilment of your orders.
• Details of your visits to our site including, but not limited to, traffic data, location data, blogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
• We also collate statistics about the website traffic, sales and other commercial information, which we use to improve our service to you. However, none of this information is on an individual basis. With a view to understanding our customers better and where you have indicated that you would like us to, we will use the information that we have about your shopping habits to offer you products and services that are likely to interest you. You may opt out of the various uses of your personal information at any time, even if you have previously given your consent to use it.  

 

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

 

We do not store credit or debit card details.

 

USES MADE OF THE INFORMATION:

The Blakely team fully appreciate and respect the importance of privacy on the Internet. We will only pass on your personal information to third parties if it is an essential part of trading with you e.g. passing on your name and address to our carriers, or telephone number should there be a query with delivery, carrying out credit and other security checks and for the purposes of customer research and profiling or where we have your express permission to do so. We will not sell your name, address, e-mail address, credit card information or personal information to any third party without your permission, but we cannot be responsible or held liable for the actions of third party sites from which you may have linked or been directed to the Blakely website.

We use information held about you in the following ways:

• To ensure that content from our site is presented in the most effective manner for you and for your computer.
• To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
• To carry out our obligations arising from any contracts entered into between you and us.
• To allow you to participate in interactive features of our service, when you choose to do so.
• To plan and manage our site and our businesses, including analysis of customers' shopping habits, product and style preferences.
• To notify you about changes to our service.

 

 

SECURITY POLICY:

We take the security of your personal details extremely seriously. Security policies are designed to protect the personal details under our control. The Information that we have collected from you is maintained in a secure web server, which we believe to be a well-protected and secure environment.

Although we use advanced security measures to protect your information against loss, misuse and alteration, as is the case with all computer networks linked to the internet, we cannot absolutely guarantee the security of your information provided over the internet and will not be responsible for this.

Never send any sensitive information, such as passwords or credit card information, via email.

If you are using a public computer then make sure you log out fully and close the browser.

When creating a password, a combination of letters and numbers is recommended. Try not to use obvious personal details such as the names of children or pets.

Keep your password private and do not use the same one for multiple online accounts.

It is recommended that you change your password frequently.

As part of our policy to protect against the fraudulent use of credit cards, we carry out random security checks on orders. These can take various forms, and may involve contacting you by telephone before your order is processed.

Phishing is the practice of tricking someone into giving confidential information, such as email scams that send banking customers to a website which is not the bank’s real website although it looks just like it.

We will never contact you by email to ask you to send or confirm any of your personal details. If we need any information of this nature, we will only contact you by phone or letter. If you receive an email claiming to be from www.Blakelyclothing.com requesting this type of information, DO NOT RESPOND but please let us know here. 

 

Username and passwords are asked to be provided to you as a customer. This allows you private access to information that we are holding, like the account information. If you wish to update, amend or delete any details, the online account gives you this access or you can email us at help@blakelyclothing.com. Under the Data Protection Act 1998, you are also entitled to view any information we hold on you by paying a small fee. If any information we hold on you is incorrect, please inform us immediately and we will make the necessary changes and contact you with confirmation of the changes. Blakely reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.

Our registered users receive an electronic newsletter sent to their e-mail address. These newsletters, which are published at reasonable intervals, contain editorial information involving our offers, topical advertising and similar material. Users may cancel receipt of the newsletter at any time.

The Service provides you with the ability to interact with social media services, such as through Facebook “Like” buttons, Twitter and otherwise. These features may enable integration and/or access to your social media accounts. We do not control those social media services, your profiles on those services, modify your privacy settings on those services or establish rules about how your personal information on those services will be used. You and the social media service providers are in control of those issues, not Blakely. You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available to you on our Service. We are not responsible for any acts or omissions by any social media service provider or your use of features that come from their platform.

 

Submission of material:

You own all of the content and information you submit to Blakely for posting on the Blakely Beaut and the Blakely Blogs section (the “Social Areas”) of the Website, and you can control how it is shared by contacting us directly.

We control and monitor what is posted on www.BlakelyClothing.com (“Our Website”). For content that is submitted via the Blakely Blog and Blakely Beaut contribution form to us is covered by intellectual property rights, like photos, and videos  (“Property”), you specifically give Blakely Clothing Co Limited (“us” or “we” or “Blakely”) the following permission for use on our Social Areas: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Property that you post on or in connection with Blakely (“IP License”). This includes for example and without limitation the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. This IP License ends when you request the deletion of your Property and this can be done here. You also acknowledge that Blakely is not obliged to publish any material submitted by you on any Blakely publication. When you ask us to delete Property, you understand that removed content may persist in backup copies for a reasonable period of time, however this will not be available to others.

When you submit Property or information to Blakely via the Blakely Blog and Blakely Beaut contribution form, it means that you are allowing everyone, including other users, to access and use that information, and to associate it with you. Only submit to Blakely via the Blakely Blog and Blakely Beaut contribution form information that you want to allow other users to access. We will never reveal any surname, address, telephone number, or email address on Our Website unless requested by you.  We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, or email address or any other details that would allow you to be personally identified). For all content that is that is submitted to Blakely via the Blakely Blog and Blakely Beaut contribution form and published by Blakely on your behalf, limited personal information will be available to other users of the website. Don't submit to Blakely via the Blakely Blog and Blakely Beaut contribution form anything that would be considered confidential, or anything that you wouldn't be comfortable with a complete stranger seeing.

Feedback or other suggestions about Blakely, you understand maybe used without any obligation to compensate you for them, just as you have no obligation to offer them.

If you do not want to grant Blakely the permission to use your Property, please do not submit your contribution to Blakely via the Blakely Blog and Blakely Beaut contribution form. By submitting any material to us, you agree to use the Blakely Social Areas in accordance guidelines below.

 

Blakely Social Area Guidelines:

Any information or content that you voluntarily disclose for posting to the Shared area, may become available to the public. Once you have submitted content or Property to Blakely via the Blakely Blog and Blakely Beaut contribution form, doing so you agree that we have permission to make it public, that content or Property may be re-shared by others. If you wish to remove that content or Property that you posted to Blakely via the Blakely Blog and Blakely Beaut contribution form, we will remove it as soon as possible however copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties using the Blakely Social Area have copied or saved that information.

All photography posted to Blakely via the Blakely Blog and Blakely Beaut contribution form must be your own, and any subject within that photo must be happy for the content to be uploaded into the Blakely Social Area. Using other people’s Property and passing it off as your own; text, photos, videos or anything that can be obtained from the web, is definitely not allowed.

The common language in the Social Area is English. Please make all your comments, titles and descriptions in English.

 

THE FOLLOWING APPLIES TO EU COUNTRIES ONLY

Orders placed after 23/02/2021

Brexit has affected the way in which we can ship goods to the EU.

To simplify your shopping process and prevent any hidden fees at checkout or when your order arrives in your country, we guarantee that any extra taxes and duties caused by Brexit are included in the price of our products. You make one payment on our website and we will ship your goods as normal.

If you would like to find out more information before placing an order please contact our Customer Services Team here.

Orders placed before 23/02/2021

Orders placed prior to 23/02/2021 were sold on a DDU (Delivery Duty unpaid) basis. Additional taxes, fees or levies may apply according to local legislation. No VAT or duties were collected by Blakely Clothing during the order process.

 

FREE GIFT WITH PURCHASE PROMOTIONS TERMS & CONDITIONS

BLAKELY CLOTHING TERMS AND CONDITIONS: FREE GIFT WITH PURCHASE PROMOTIONS

1. Introduction

These terms and conditions (the Terms) apply to Free Gift with purchase Promotions available from time to time on http://www.blakelyclothing.com (the Website.)

2. The Promotion

Purchase a specified clothing item (Product) from the Website as detailed in the Promotion and receive the free gift (the Gift) with your purchase.

3. The Gift

3.1. The gift is as detailed in the promotional advertising.

3.2. The Gift is exclusive of delivery costs.

3.3. The Gift is subject to availability. There is no cash alternative for the Gift and we reserve the right to substitute the Gift with a gift of equal or greater value.

3.4 The Gift cannot be exchanged. For example, the Gift cannot be exchanged in the event the wrong size is selected for the free Gift.

3.5 In the event that any Product(s) purchased as part of qualifying transaction are returned and, the customer will be required to return the Gift. If the Gift is not returned, the sales price of the Gift will be deducted from any reimbursement.

3.6. Blakely Clothing is not responsible for any additional costs and/or expenses in relation to the Gift including (without limitation) travel costs, other than any specifically listed as part of the Gift above and for the specified periods of time (where applicable).

3.7. The participant shall not, while using the Gift, display or publicize any political slogans or homophobic language, images of a lewd or explicitly sexual nature, images containing logos of competitors and overt brand sponsorship or anything else deemed to be ambush marketing, or content which is defamatory, obscene, illegal, vulgar, offensive or otherwise unsuitable or infringes others’ rights (including intellectual property rights).

4. How do I participate in the Promotion?

4.1. To participate in the Promotion, participants must place an order on the Website during the timeframes set out in the promotional advertising (Promotion Period) for one or more of the Products. The free Gift must then also be added to the basket in the customers preferred size and this will then be shown as Free within the basket. The customer must then conclude the purchase of the Products.

4.2. Participants who make purchases outside the Promotion Period will not receive the Gift with their purchase.

4.3. As long as the participants purchase one or more of the Products, they do not need to order any other product on the Website in order to receive the Gift. However, certain delivery charges may apply in addition to the Products.

4.4. Participants may participate in the Promotion multiple times within the Promotion Period provided they purchase, on each occasion, the relevant Products.

4.5. By participating in the Promotion, all participants will be deemed to have read, accepted and be bound by these Terms and any other requirements set out in the promotional material for the Promotion (in the event of a conflict, the requirements set out in the promotional material will take precedence), as well as all applicable laws and regulations, including without limitation those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

4.6. For help with participating in the Promotion, Customer Services should be contacted here.

5.  Eligibility

5.1. The promotion is available to all customers from all countries unless specified in the Promotion advertising via the www.blakelyclothing.com website.

5.2. Blakely Clothing reserves the right at its sole discretion to disqualify from further participation in the Promotion any individual it has reason to believe is tampering with the operation of the Promotion, or to be acting in any manner deemed by Blakely Clothing to be in violation of these Terms, relevant laws and/or regulations and/or third party rights.

6. Limitation of Liability

6.1. Blakely Clothing is not responsible for any damage or loss suffered by any participant where such damage or loss was not, at the time the entry into the Promotion was made, a reasonably foreseeable consequence of a breach of these Terms, or where the Promotion does not run as planned.

6.2. Blakely Clothing will not be held responsible for the failure to fulfil the obligations of third parties involved in this Promotion, although Blakely Clothing will always endeavour to minimise the effect to the participants of any such failure.

6.3. Nothing in these Terms shall operate to exclude the Blakely Clothing’s liability:

(a) for death or personal injury as a result of its negligence;

(b) for fraud; or

(c) further than is permitted by law.

7. Data Protection and Publicity

For information relating to the Blakely Clothing’s privacy policy and direct marketing policy please contact the Promoter directly or visit the website at www.blakelyclothing.com.

8. General

8.1. Blakely Clothing reserves the right to hold void, suspend, cancel, or amend the Promotion where it becomes necessary to do so without prior notice.

8.2. The Promoter reserves the right to cancel or amend these Terms at any time without prior notice.

8.3. These Terms shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.

BLAKELY DISCOUNT CODE USE

Codes are only valid on specified items and the EXTRA15 code cannot be used on Isabel or Idris products. Codes cannot be used in conjunction with any other offer. Codes are valid for a limited period of time as specified in the relevant email or marketing communication, they cannot be used outside of that time period. Codes are not valid in stores unless otherwise specified. Where a qualifying spend is noted in relation to use of a Code, if an item and items purchased using that Code are later returned to us which brings the amount spent below any qualifying level, the offer value may be deducted from any refund. All orders are subject to acceptance and any improper use of Codes may result in the cancellation of your order. All orders are subject to availability. Blakely Clothing reserves the right to withdraw, amend or extend offers at any time, without prior notice. Specific offer terms and conditions are provided with each Code - for specific information relevant to that Code, please refer to the email or marketing communication on which it is featured.