Terms & Conditons for this website

To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address customercare@kerryobrine.co.uk. We may also change registration requirements from time to time. To be eligible to purchase Items on this Website you must:

1. be the holder of a valid debit/credit card
2. warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects

If your personal information changes then please notify us immediately by contacting Customer Services on the following email customercare@kerryobrine.co.uk

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

By using this site you agree to comply with, and be bound by, these Terms.

We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the Kerry O’Brine Womens Wear terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Kerry O’Brine Womens Wear, whose applications are acceptable to Kerry O’Brine Womens Wear and who have authorized Kerry O’Brine Womens Wear to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Kerry O’Brine Womens Wear reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where Kerry O’Brine Womens Wear feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions. Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

We may not accept your order if (i) an item you have ordered is out of stock, (ii) we are unable to obtain authorisation for your payment or (iii) if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.

If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See the Returns policy set out in section 3b below. We will try to keep our Website as up to date as reasonably possible but cannot guarantee that any particular Item will always be available. If we can't supply any Item we will release the funds being held in your account for the purchase. All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

Kerry O’Brine Womens Wear offers products for sale that are in stock and available for dispatch from our distribution center. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to Kerry O’Brine Womens Wear. Kerry O’Brine Womens Wear will only take Advance Purchase orders for stock that has been scheduled for delivery. Your rights regarding Advance Purchase are the same as those for any other purchase at Kerry O’Brine Womens Wear. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

Where Kerry O’Brine Womens Wear offers products Made-to-Order, it is required that you pay a deposit towards the order of 30% of the product price when ordering. You are then required to pay the remaining balance when Kerry O’Brine Womens Wear notifies you an item is ready for delivery. Your rights regarding Made-to-Order purchases are the same as for any other purchase. If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period. Kerry O’Brine Womens Wear will store a record of your transactions for a minimum of one year.

We don’t charge VAT on our products for customers who purchase within the EU. Prices shown on the site in GBP and Euros are the price you will pay excluding any delivery costs. All prices and offers remain valid as advertised from time to time. The GBP or Euros price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error. Product prices are set when the product is released onto the website using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period. Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from the delivery company or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. If you are a customer whose credit/debit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order.

This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and Kerry O’Brine Womens Wear will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in England and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization 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 the eligibility criteria set out within the TOS.

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

Payment can be made by Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, American Express, Maestro debit cards, and any other methods which may be clearly advertised on the Site from time to time. Once payment has been debited and cleared from your account your order will be despatched by Kerry O’Brine Womens Wear. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Kerry O’Brine Womens Wear, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Paypal, a secure host environment.

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

Kerry O’Brine Womens Wear insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Kerry O’Brine Womens Wear, and transfer of responsibility in the same way.

Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Kerry O’Brine Womens Wear are not responsible for any delays caused by destination customs clearance processes.

Please order from kerryobrine.co.uk with enough lead-time to prevent any loss or disappointment resulting from the delivery time as kerryobrine.co.uk cannot be responsible for this.

If your order will not be delivered within the timeframe specified at ordering we will notify you and try to rectify the situation as quickly as is practically possible.

All new orders are deemed separate and each is treated individually.

If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us, provided you give us written notice within 7 working days of receipt. Notice of contract cancellation under the DSRs must be given in writing to: Notice of Contract Cancellation, Kerry O’Brine Womens Wear, 442 Ipswich Road, Colchester CO4 0EY or by email customercare@kerryobrine.co.uk

For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost. However, you will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost. Cancelled orders should be returned to: Kerry O’Brine Womens Wear, 442 Ipswich Road, Colchester CO4 0EY. All items must be returned unused and in their original condition, from the original delivery country.

We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 30 days of us receiving your cancellation notice. If we do not receive the cancelled order back, we will arrange to have it collected from you at your cost.

Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation within 7 working days of receiving the order, by email or post as described above, i.e. before requesting your Returns Reference No. by phone or email.

Please be aware that you cannot cancel under DSR if the item is personalised or made to order.

You must request your Returns Authorization Number within 7 days of order receipt, and return your unwanted items within 7days of receiving your Returns Authorisation Number.

All items must be returned unused and in their original condition, from the original delivery country

You must contact us within 7 days to request your Returns Authorization Number and book a return date for your unwanted items to be picked up by a KerryOBrine.co.uk Consultant.

The booked date for pick up must be within the following 7 days. If you require the same item in a different size, please purchase this prior to booking your return date. New purchases are based on stock availability.

Make the consultant aware of your new Order number and they will bring the new size when they pick up your return. All items must be returned unused and in their original condition, from the original delivery country.

We currently don’t provide an exchange service. If you wish to exchange your item for an alternative product or size, we suggest that you return it and purchase the new item separately. a refund of the value of the item only.

All items must be returned unused and in their original condition, from the original delivery country.

Please refer to our Returns & Exchanges policy for further information.

Please note our free collection service is not available for orders cancelled under the DSRs.

Items should be returned unused and with all Kerry O’Brine Womens Wear garment tags still attached. Returns that are damaged or soiled will not be accepted and may be sent back to the customer and/or a refund refused. All returns should be sent back to us in the original packaging provided.

Please ensure when returning the parcel that the Kerry O’Brine Womens Wear box is properly protected within the cardboard box provided.

Where provided, belts and any packaging such as authenticity cards, dust bags, and leather tags should be included with your return.

Please immediately email if any of your purchases have been delivered without Kerry O’Brine Womens Wear tags.

All items returned should have a Return Authorization Number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender.

Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.

If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

If you have received an item from Kerry O’Brine Womens Wear as a gift you can exchange it for another item of the same value or more provided you pay the cost difference and the additional shipping, taxes, and import duties, and any additional charges which may incur as a result of exchange.

We have made every effort to display as accurately as possible the colors of our products that appear on Kerryobrine.co.uk. However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.

We will treat all your personal details as confidential and we will only disclose this information in the circumstances set out below. We will keep it on a secure server and we will comply with UK Data Protection legislation in relation to the use of your personal data. When you register on this Website, or make a purchase we will ask you to input and will collect personal details from you such as your name, e-mail address, billing address, telephone number. We may also collect, and our third party providers may collect, information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, any advertisements you may have clicked on, and any search terms that you entered on our Website. We confirm that any personal details which you provide to us (or which are available on public registers) and any user information, from which we can identify you, is held in accordance with the registration we have with the Information Commissioner's Office. We use your information only for the following purposes:

1. maintaining your registration
2. for statistical purposes to improve this Website and its services to you
3. to serve website content to you
4. to administer this Website
5. to notify you of products or special offers that may be of interest to you
6. to send you information by post or email.
   You can contact us at any time in writing or by email and on 30 days' notice at your request we shall stop marketing to you. We will not release your personal details to any company. If you wish to unsubscribe from receiving promotional emails or direct mail from Kerry O'Brine Womens Wear, please send an email to inserting 'Unsubscribe' as the subject. Please ensure that you also include the email address that you wish to be unsubscribed (if it is not the email address that you send the email from), your full name and your full postal address.
7. Kerry O'Brine Womens Wear uses non-personally identifiable information to tailor online ads so they are more relevant to you. The data collected is used for this purpose only and will not be shared with any third parties. You may choose to opt out of Kerry O'Brine Womens Wear use of this information.

Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Kerry O’Brine Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Kerry O’Brine.co.uk and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Kerry O’Brine tries to ensure that the information on this site is accurate and complete.

Kerry O’Brine Womens Wear does not promise that Kerryobrine.co.uk Content is accurate or error-free. Kerry O’Brine Womens Wear does not promise that the functional aspects of the Site or Kerryobrine.co.uk’s Content will be error free or that this Site, Kerryobrine.co.uk Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

The personal opinions of any third parties with whom we are associated are their own and do not necessarily reflect the views of KerryOBrine.co.uk and we accept no responsibility for any such views expressed in any media.

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and Terms . You should carefully review the Terms and privacy policies of all off-Website pages and other websites that you visit.

You have certain rights under the law. In England these include:

1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
2. Certain remedies if a product is defective; and
3. A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.

Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

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

Nothing in the TOS is intended to affect your rights under the law (see "Your Rights" above).

If Kerry O’Brine Womens Wear breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Kerry O’Brine Womens Wear at the time of you placing your order, and Kerry O’Brine Womens Wear dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased

.

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

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

We warrant that all our products are of satisfactory quality, comply with their description, are fit for their purpose and that we have good title to sell them to you.

Save for the warranty above, we make no representations or warranties of any kind whatsoever, expressed or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any

1. interruption of business;
2. access delays or access interruptions to the Website;
3. data non-delivery, mis-delivery, corruption, destruction or other modification;
4. loss or damages of any sort incurred as a result of dealings with or the presence of off- Website links on the Website;
5. computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites;
6. any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
7. events beyond our reasonable control.

Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred pounds (£100.00) or the sum you have paid us for the item in relation to which you have the claim. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law. Nothing in any warranty given in this clause affects your statutory rights.

Nothing in these terms shall exclude or limit our liability for death or personal injury caused by our negligence nor for fraud.

At our request, you agree to compensate us fully, defend us, and hold us Kerry O’Brine Womens Wear harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

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

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

Your use of this Website and any purchase by you of any Item from Kerry O’Brine Womens Wear shall be governed by English law and you hereto submit to the exclusive jurisdiction of the English courts.