Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by CURFEW CLUB LTD. Throughout these Terms of Service, the terms “Curfew Club”, “we”, “us” and “our” refer to CURFEW CLUB LTD.

These Terms of Service (“Terms”) apply to your use of our website and to purchases made through our online store.

Please read these Terms carefully before using our website or placing an order. By using our website or purchasing from us, you agree to these Terms.

These Terms should be read alongside our:

  • Privacy Policy;

  • Refund & Returns Policy; and

  • Shipping & Delivery Policy.

Nothing in these Terms affects any rights you have under applicable UK consumer law.

1. ABOUT US

Company name: CURFEW CLUB LTD
Company number: 17286148
Registered office: 19 Fleet Street, Nelson, England, BB9 7XP
Email: admin@curfew-club.com

CURFEW CLUB LTD is a private limited company registered in England.

Our online store is hosted using Shopify, which provides the ecommerce platform that enables us to sell our products to you.

Any contract for the purchase of Curfew Club products is between you and CURFEW CLUB LTD.

2. USING OUR WEBSITE

You may use our website only for lawful purposes.

You must not:

  • use the website in breach of any applicable law or regulation;

  • attempt to gain unauthorised access to the website, its systems or associated networks;

  • introduce viruses, malware or other harmful technology;

  • interfere with the operation or security of the website;

  • scrape, copy or systematically extract substantial parts of the website without our permission;

  • impersonate another person or deliberately provide false information; or

  • use our website or its content in a way that infringes our intellectual property rights or the rights of another person.

We may suspend or restrict access to our website where reasonably necessary for maintenance, security, fraud prevention or where we reasonably believe these Terms have been breached.

3. ELIGIBILITY TO PURCHASE

By placing an order, you confirm that you have the legal capacity to enter into the purchase contract.

When placing an order, you must provide information that is accurate, complete and current.

4. OUR PRODUCTS

We take reasonable care to ensure that product descriptions, photographs, measurements, colours and other information displayed on our website are accurate.

The appearance of colours may vary slightly depending on your device, display settings, lighting and other factors outside our control.

Minor variations in colour or appearance may also arise from manufacturing and printing processes. These variations will not materially alter the design or characteristics of the product you ordered.

Some Curfew Club products may be produced or prepared after an order is placed.

Product availability may change without notice. We may discontinue any product, change the products we offer, or limit the quantity of any product available for purchase at any time.

This will not affect orders we have already accepted or your statutory rights.

Nothing in this section affects your rights where goods are faulty, not as described, not of satisfactory quality or otherwise fail to conform to the contract.

5. PLACING AN ORDER

When you place an order through our website, you are making an offer to purchase the products shown in your order.

After placing your order, you may receive an automated acknowledgement confirming that we have received it. This acknowledgement does not necessarily mean that your order has been accepted.

Our acceptance of your order, and the formation of the contract between you and CURFEW CLUB LTD, occurs when we send you confirmation that your order has been accepted.

We reserve the right to refuse or cancel an order before acceptance where there is a legitimate reason to do so, including where:

  • a product is unavailable;

  • there has been an obvious pricing or product-description error;

  • we are unable to authorise or verify payment;

  • we reasonably suspect fraud or misuse;

  • delivery cannot be made to the address provided; or

  • an order breaches a purchasing restriction clearly stated on our website.

If payment has already been taken for an order that we subsequently cannot accept, we will refund the amount paid.

6. ORDER DETAILS AND CHANGES

Please check your order carefully before submitting it, including:

  • products;

  • sizes;

  • colours;

  • quantities;

  • delivery address; and

  • contact information.

If you notice an error after placing your order, contact us as soon as possible at admin@curfew-club.com.

We will make reasonable efforts to amend an order before it enters production or is dispatched, but we cannot guarantee that changes will be possible.

This does not affect any statutory cancellation or return rights that apply to your order.

7. PRICES AND PAYMENT

All prices displayed on our website are shown in pounds sterling (GBP).

Prices include applicable taxes where required unless clearly stated otherwise.

Delivery charges, where applicable, will be displayed before you complete your purchase.

We may change our prices at any time. Price changes will not affect orders that we have already accepted.

If an obvious pricing error occurs and we discover it before accepting your order, we may contact you to give you the option of purchasing the product at the correct price or cancelling the order.

Payment must be made using one of the payment methods available at checkout.

By providing payment details, you confirm that you are authorised to use the payment method provided.

8. DISCOUNT CODES AND PROMOTIONS

From time to time, we may offer discount codes, promotional offers or other incentives.

We may set:

  • eligibility requirements;

  • minimum-spend requirements;

  • product or collection exclusions;

  • usage limits;

  • customer-specific restrictions;

  • expiry dates; and

  • rules regarding whether offers can be combined.

Any relevant restrictions or conditions will be communicated as part of the promotion.

Unless otherwise stated:

  • promotional codes have no cash value;

  • codes cannot be exchanged for cash;

  • promotions cannot normally be applied retrospectively to orders already placed; and

  • only combinations permitted by our checkout system or the terms of the relevant promotion may be used together.

We may withdraw, correct or refuse a promotion where there has been an obvious error, fraud, abuse or misuse.

This will not retrospectively affect an order that we have already validly accepted unless permitted by law.

9. SHIPPING AND DELIVERY

Current information about production times, delivery estimates and shipping charges is set out in our Shipping & Delivery Policy.

Unless expressly stated otherwise, delivery times displayed on our website are estimates.

We will take reasonable steps to deliver your order within the timeframe communicated to you.

UK distance-selling rules generally require goods to be delivered within 30 days unless a different delivery period has been agreed with the customer. Our stated delivery estimates form part of the delivery information we provide before purchase.

Delays may occasionally occur because of circumstances outside our reasonable control. Where a significant delay occurs, we will deal with the order in accordance with your applicable consumer rights.

Where Curfew Club arranges delivery, responsibility for the goods remains with us until the goods are delivered into your physical possession or into the possession of a person identified by you to receive them.

If you independently arrange for a carrier that was not offered by us to collect your goods, different rules regarding risk may apply.

You are responsible for providing a complete and accurate delivery address.

If you discover an error in your delivery information, contact us as soon as possible.

10. RETURNS, CANCELLATIONS AND REFUNDS

Your rights relating to cancellation, returns and refunds are explained in our Refund & Returns Policy.

For most eligible goods purchased online, UK consumers generally have the right to notify us that they wish to cancel within 14 days after delivery without giving a reason.

Once a valid cancellation has been notified, additional time may apply for returning the goods as explained in our Refund & Returns Policy.

Our Refund & Returns Policy also explains:

  • how to request a return;

  • return shipping arrangements;

  • prepaid return labels;

  • return postage costs;

  • the condition of returned goods;

  • how refunds are processed;

  • faulty, damaged or incorrect goods; and

  • lawful exceptions to cancellation rights.

Nothing in these Terms or our Refund & Returns Policy limits or removes your statutory consumer rights.

11. FAULTY, DAMAGED OR MISDESCRIBED GOODS

We are responsible for supplying goods that comply with applicable UK consumer law.

Goods must, where applicable, be:

  • of satisfactory quality;

  • fit for their intended purpose; and

  • as described.

If you believe that a product is faulty, damaged, incorrect or materially different from its description, contact us at admin@curfew-club.com.

Your rights in relation to faulty or non-conforming goods are separate from your change-of-mind cancellation rights.

Nothing in these Terms excludes or restricts any statutory remedy available to you.

12. INTELLECTUAL PROPERTY

Unless otherwise stated, the content of this website is owned by or licensed to CURFEW CLUB LTD.

This includes, where applicable:

  • the Curfew Club name;

  • logos and branding;

  • artwork and graphics;

  • clothing designs;

  • photographs;

  • videos;

  • written content;

  • website design;

  • product imagery; and

  • other original materials.

This content may be protected by copyright, trade mark, registered or unregistered design rights and other applicable intellectual property laws.

You may access and view our website for your personal, non-commercial use.

You must not reproduce, copy, distribute, modify, publish, commercially exploit or otherwise use our protected content without our prior written permission, except where permitted by law.

Nothing in these Terms transfers ownership of any Curfew Club intellectual property to you.

Third-party names, brands and intellectual property remain the property of their respective owners.

13. REVIEWS, PHOTOGRAPHS AND CUSTOMER CONTENT

Where our website allows you to submit reviews, photographs, comments or other material, you remain responsible for anything you submit.

You must not submit material that:

  • infringes another person's rights;

  • is unlawful;

  • is knowingly false or misleading;

  • contains malicious software;

  • is defamatory, threatening or abusive; or

  • you do not have the right to provide.

Where you submit content specifically for publication or promotional use, you grant Curfew Club a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content in connection with Curfew Club and its marketing.

You retain ownership of any intellectual property rights you hold in that content.

Submitting an ordinary product review does not automatically grant us unrestricted rights to use your content in unrelated advertising unless this is made clear to you when the content is submitted or you separately give permission.

We may remove customer content where we reasonably believe it breaches these Terms, applicable law or the rights of another person.

14. THIRD-PARTY SERVICES AND LINKS

Our website may contain links to, or functionality provided by, third parties.

These may include:

  • payment providers;

  • delivery providers;

  • social-media platforms;

  • analytics providers; and

  • other service providers.

Where you choose to access an independent third-party website or service, that third party's terms and privacy practices may apply.

We are not responsible for the content or operation of independent third-party websites that we do not control.

Nothing in this section removes responsibility that Curfew Club has for third parties we use to perform our own contractual obligations to you.

15. SHOPIFY

Our online store uses Shopify's ecommerce platform.

Shopify provides technology used to operate parts of our website and may process information where necessary to provide those services.

Your purchase of Curfew Club products is made from CURFEW CLUB LTD, not Shopify.

Information about how personal information is processed is provided in our Privacy Policy and, where relevant, Shopify's own privacy information.

16. PRIVACY AND PERSONAL INFORMATION

We process personal information in accordance with our Privacy Policy and applicable UK data-protection law.

Our Privacy Policy explains, among other matters:

  • what information we collect;

  • why we collect and use it;

  • the legal bases on which we process it where applicable;

  • who information may be shared with;

  • how long information may be retained; and

  • your data-protection rights.

Please review our Privacy Policy for more information.

17. WEBSITE AVAILABILITY AND ERRORS

We aim to keep our website available and our information accurate.

However, we cannot guarantee that the website will always be uninterrupted, completely error-free or continuously available.

We may temporarily suspend or restrict access for maintenance, updates, security or circumstances outside our reasonable control.

If we discover an error in product information, pricing, delivery information or other website content, we may correct it.

Where an error affects an order you have already placed, we will deal with the matter fairly and in accordance with applicable law.

18. OUR LIABILITY TO YOU

Nothing in these Terms excludes or limits liability where it would be unlawful to do so.

In particular, nothing in these Terms excludes or limits liability for:

  • death or personal injury caused by negligence;

  • fraud or fraudulent misrepresentation;

  • your statutory rights in relation to goods;

  • liability that cannot legally be excluded or limited; or

  • any other matter for which liability cannot lawfully be excluded.

If we fail to comply with these Terms, we are responsible for loss or damage that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.

Loss or damage is foreseeable if it was an obvious consequence of our breach or if both you and we knew when the contract was formed that it might occur.

We are not responsible for losses that were not reasonably foreseeable.

Our products and website are intended primarily for personal and domestic use.

If you use our products for commercial, business or resale purposes contrary to their intended consumer use, we are not responsible for business losses such as loss of profit, revenue, business opportunity or goodwill, except where liability cannot legally be excluded.

Nothing in this section affects your statutory consumer rights.

19. EVENTS OUTSIDE OUR REASONABLE CONTROL

We are not responsible for a failure or delay in performing an obligation where that failure or delay is genuinely caused by circumstances outside our reasonable control.

Such circumstances may include:

  • serious transport disruption;

  • natural disasters;

  • widespread telecommunications or internet failures;

  • significant industrial action affecting third-party networks;

  • government action;

  • war, terrorism or civil disturbance; or

  • other exceptional circumstances that could not reasonably have been prevented.

Where such circumstances materially affect an order, we will take reasonable steps to minimise the effect and keep you informed where appropriate.

Your statutory rights, including any applicable rights arising from a significant delivery delay, are not affected.

20. SUSPENSION OR TERMINATION OF WEBSITE ACCESS

We may suspend or terminate access to an account or parts of our website where we reasonably believe that:

  • you have materially breached these Terms;

  • the website is being used fraudulently or unlawfully;

  • your activity presents a security risk; or

  • suspension is reasonably necessary to protect Curfew Club, our customers or our systems.

Suspending or terminating website access does not affect rights or obligations arising from orders that we have already accepted.

21. SEVERABILITY

If any provision of these Terms is found by a court or other competent authority to be invalid, unlawful or unenforceable, that provision will be treated as modified to the minimum extent necessary where legally possible.

If modification is not possible, the affected provision will be treated as deleted.

The remaining provisions will continue in effect.

22. NO WAIVER

If we do not immediately enforce any right or provision of these Terms, this does not mean that we have waived that right or provision.

If we take action in relation to one breach, this does not prevent us from taking action in relation to another breach.

23. GOVERNING LAW AND DISPUTES

These Terms and any contract between you and CURFEW CLUB LTD are governed by the laws of England and Wales.

If you live in England or Wales, the courts of England and Wales will have jurisdiction over disputes between us.

If you live in Scotland or Northern Ireland, you may also have the right to bring proceedings in the courts of the part of the United Kingdom in which you live.

Nothing in this section removes any mandatory rights or protections available to you as a consumer.

If you have a complaint or dispute, we encourage you to contact us first so that we have an opportunity to resolve it directly.

24. CHANGES TO THESE TERMS

We may update these Terms from time to time.

Changes may be made where, for example:

  • our business practices change;

  • the products or services we offer change;

  • our website changes; or

  • legal or regulatory requirements change.

The version of these Terms that applies to an order will generally be the version in effect when that order was placed.

Changes made later will not retrospectively remove rights that you already have under an existing contract.

The current version of these Terms will be available on our website.

25. CONTACT INFORMATION

If you have any questions about these Terms, your order or our services, please contact us:

CURFEW CLUB LTD
Email: admin@curfew-club.com
Registered office: 19 Fleet Street, Nelson, England, BB9 7XP
Company number: 17286148