Terms & Conditions
1 IMPORTANT LEGAL NOTICE
2 INFORMATION ABOUT US
www.dorothyperkins.com is operated by Debenhams Brands Ltd (‘Debenhams’) ("we" “us” “our”). We are a company registered in England and Wales under company number 13135555 and with our registered office at 49/51 Dale Street, Manchester, England M1 2HF. Our UK VAT number is 185 4874 61. Our email address is [email protected]
3 CONCESSIONAIRE BRANDS
Where you place an order a third-party seller that sells Products on our site (a "Concessionaire Brand") Debenhams Brands Ltd (‘Debenhams’) acts as the Concessionaire Brand's disclosed agent and not as principal. This means the contract for the sale of such Products is made between you and the relevant Concessionaire Brand, and these terms and conditions apply to such Contracts. Other than concluding sales as a disclosed agent on the Concessionaire Brands’ behalf, we have no responsibility to you in respect of contracts made with any Concessionaire Brands and all references in the remainder of these terms and conditions to "we", "us" or "our" shall be deemed to refer to the relevant Concessionaire Brand where your order relates to Products offered or sold by such Concessionaire Brand or, alternatively, to Debenhams Brands Ltd (‘Debenhams’) where your order relates to Products offered or sold by Debenhams Brands Ltd (‘Debenhams’). The Concessionaire Brand company details can be found here https://www.debenhams.com/page/concessionaire-brands.
4.1 The images of the Products on our site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although we have made every effort to display and print the colours of the Products accurately, we cannot guarantee that your device or computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the Products that will be delivered to you. The Products may vary slightly from these images.
4.2 Whilst we take reasonable care to ensure accuracy, all sizing and measurements of Products detailed on our site are approximate. We cannot guarantee that all details are always accurate, complete, or error free.
4.3 All our Products are sold on the basis that they are suitable for domestic and private use only. As such, none of our Products are intended for use in connection with any business purpose.
4.4 Please note that Products on our site are not aimed at persons aged under 16 and may be unsuitable for persons under this age group.
5 PRODUCT AVAILABILITY
5.1 Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our "Deliveries" page here.
5.2 If we are unable to accept your order, we will inform you of this and will not charge you for the Product(s). This may happen in circumstances, including (but not limited to) where the Product(s) is/are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the Product(s).
5.3 We may make changes to these Terms and Conditions from time to time. The Terms and Conditions that apply to your Contract will be those that are displayed on our site when you place your order.
6 YOUR STATUS
6.1 You may only purchase Products from us if:
(a) you are legally capable of entering into a binding contract with us;
(b) you are an authorised user of the credit or debit card or payment account (i.e. PayPal, Klarna or Clearpay used to pay for your order; and,
(c) you are placing an order for delivery in a country that we deliver to (please see our "Deliveries" page here for further information).
7 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Once you have placed your order, you should receive an e-mail from us acknowledging that we have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted or that a contract has been formed between you and us. All orders are subject to availability and acceptance by us (which we may refuse for any reason).
7.2 After you submit your order, we immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. If we accept your order we will confirm this to you by sending you a further e-mail (“Dispatch Confirmation”) confirming the Product is being processed ready for dispatch at which point the contract between you and us ("Contract") will be formed.
7.3 As soon as you place your order, we start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products or cancel this Contract under clause 11 of these Terms and Conditions or under our Returns & Refunds.
7.4 From time to time we may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.
7.5 These Terms and Conditions, and any Contract between us, are only in the English language. Please note that we may not necessarily keep a copy of your Contract. You should keep a copy of these Terms and Conditions and your order for future reference.
8.1 We will seek to fulfil your order by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonably possible (depending on the delivery service you have selected). In any event, delivery will take place no more than 30 days after the day your Contract is entered into. Working Days excludes Sunday and Bank Holidays and Saturdays for some Concessionaire Brands.
8.2 If no one is available at your address to take delivery and the Products can not be posted through your letterbox or left in a safe place and/or if you do not collect the Products from an address notified to you by our carrier within the time period notified to you by our carrier at the time delivery is attempted, we may end the Contract and clause 11 will apply.
8.3 Delivery of your order will be complete when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
8.4 If you check out using your bank details, PayPal, or Apple Pay, you will own the Products once we have received payment in full. However, when you check-out using a payment instalment method, e.g. through a finance provider such as ZipPay, Klarna or Clearpay, then alternative terms will apply to you, further information on this is set out in clause 9 below.
8.5 Please note postcode restrictions apply. Delivery times and costs may be increased where the Products are shipped outside the UK. Check your eligibility here https://www.dorothyperkins.com/page/delivery-details.html.
8.6 In addition, if you order Products from us for delivery to a destination outside the UK:
(a) your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;
(b) you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law; and
(c) please see our Returns & Refunds for details on returning any Products to us from a destination outside the UK.
9 PRICE AND PAYMENT
9.1 The price payable for the Products shall be as shown on our site in pounds sterling (GBP), although please see clauses 9.5 below for what happens if we discover an error in the price of any Product you order. Prices advertised on our site include UK VAT at the relevant rate chargeable for the time being, but exclude delivery charges which are payable in addition and shown separately during the checkout process.
9.2 We can change the prices on our site at any time without notice, but changes will not affect orders which we have already accepted. However, if the rate of VAT changes after the date of your order, we will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.
9.3 We accept payment by debit card, credit card, Apple Pay (iOS only), PayPal, ZipPay, Clearpay, Klarna and Laybuy (not available on App). We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.
9.4 You must pay for the Products (including all applicable delivery charges), and we will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorisation to take payment from your account. If you are using Clearpay, such payment will be subject to additional terms between you and Clearpay, available at https://www.clearpay.co.uk/en-GB/terms-of-service and these terms may specify when you will own the Products that you purchase in this way. For more information about how Clearpay will handle your personal data see their Privacy Notice, available https://www.clearpay.co.uk/en-GB/privacy-policy. If you pay using Klarna, such payment will subject to additional terms between you and Klarna, available at https://www.klarna.com/uk/terms-and-conditions. See https://www.klarna.com/uk/customer-service for further information about Klarna. For more information about how Klarna will handle your personal data see their Privacy Notice, available at https://www.klarna.com/uk/privacy-notice. If you are using Laybuy, such payment will be subject to additional terms between you and Laybuy, available at https://www.laybuy.com/uk/consumer-terms. For more information about how Laybuy will handle your personal data see their Privacy Notice, available https://www.laybuy.com/uk/privacy. If you are using ZipPay, such payment will be subject to additional terms between you and ZipPay, available at https://zip.co/uk/terms-conditions/ and these terms may specify when you will own the Products that you purchase in this way. For more information about how ZipPay will handle your personal data see their Privacy Notice, available here https://zip.co/uk/privacy-policy/.
9.5 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We have the right to reject an order if we discover a pricing error. We will normally check prices before accepting your order and if the price is incorrect, we will try to contact you for your instructions before we accept your order. If we are unable to contact you, your order will be cancelled. If we accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, we may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.
9.6 If you wish to apply a discount code or e-gift voucher code to your order, you must enter the relevant code during the online checkout process. Only one discount code and/or a maximum of five e-gift voucher codes, can be used per order and additional terms and conditions may apply in respect of each discount code. We reserve the right to decline to accept any discount or e-gift voucher code that is invalid for your order or that has expired.
10 YOUR RIGHT TO CANCEL THE CONTRACT
10.1 If you are a consumer in the UK or the European Union ("EU"), you have a legal right to cancel a Contract if you change your mind, until 14 days after you receive (or someone you nominate receives) the Product(s), unless the Products are split into several deliveries over different days, in which case you will have until 14 days after the day you receive (or someone you nominate receives) the last Product which you ordered under the Contract which you wish to cancel. We are entitled to extend your period for cancellation at our discretion and you should review our Returns & Refunds from time to time for further information.
10.2 You are entitled to exercise your rights to cancel an order in respect of any one, or all Products from an order. Please see our Returns & Refunds for more details.
10.3 You may be entitled to a repair, replacement, or refund where you receive faulty Products, or your Products become faulty. Please let us know as soon as reasonably possible after becoming aware of a fault with your Product. For further information, please see our Returns & Refunds.
10.4 If you wish to cancel a Contract under clauses 8.1 to 8.3 above, please let us know within the timescales set out under those clauses. There are a few ways to contact us, you can:
Email us: [email protected]
WhatsApp us: +44 333 311 0802
Facebook us here https://www.facebook.com/dorothyperkins/?locale=en_GB
Tweet us here https://twitter.com/Dorothy_Perkins
Write to us via post: Debenhams Brands Ltd (‘Debenhams’), PO Box 553, Burnley, BB11 9GD.
You may use a copy of the cancellation form available, but you are not required to do so.
10.5 For full details on returns and items that are excluded from being returned, please see our Returns & Refunds.
10.6 If you cancel a Contract under clause 9.1 before you receive the Products, but after the Products have been dispatched to you, you must return them to us once received. You must send off the Products for return within 14 days of telling us that you wish to cancel the Contract. Please note there will be a cost of £1.99 for returning the Products to us (this cost is not appliable to Dorothy Perkins VIP Customers). If you choose to return the Products using any method other than one of our nominated carriers (available via our UK returns service) you will remain responsible for the Products including for any loss or damage, until we receive them. Please see our Returns & Refunds for further information about how to return Products to us.
10.7 If you cancel your Contract under clause 10.1, we will:
(a) subject to clause 10.9, refund you the price you paid for the Products (minus the £1.99 cost for returning the Products). However, please note that we may reduce the value of your refund to reflect any reduction in the value of the Products if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
(b) refund some or all of charges you have paid for delivery of the Products to you on the basis that the maximum refund for delivery costs will be the least expensive delivery method we offer to your delivery destination; and
(c) make any refunds due to you by the method you used for payment:
(i) 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us; or
(ii) 14 days after you inform us of your decision to cancel the Contract.
10.8 Please see our Returns & Refunds for more information about returns and refunds.
10.9 If you wish to return any Product that you have purchased or if you wish to cancel an order for a Product after having used ZipPay, Clearpay, Klarna or Laybuy (a “buy now, pay later” service provider) to pay for the Product (assuming that you are entitled to do so in accordance with this Contract and/or our Returns Policy), we will notify the relevant service provider that you have cancelled or returned your items to us and the relevant service provider will process your full or partial refund as applicable, in accordance with its Terms and Conditions. Please note that different refund processing times may apply and you should review the applicable terms for your chosen service provider for further information.
10.10 You may also have additional rights to terminate Contract under applicable consumer laws.
11 OUR RIGHTS TO CANCEL THE CONTRACT
11.1 We may end the Contract at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
(c) you do not, within a reasonable time, allow us to deliver the Products to you, or you are unavailable to receive delivery.
(d) if the Products you have ordered are no longer available.
11.2 We may also end the Contract in the circumstances set out in clause 9.5.
11.3 If we end the Contract in any of the situations set out in clause 11.1 or 11.2, we will refund any money you have paid in advance for the Products we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the Contract.
12 FAULTY PRODUCTS
12.1 If you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these Terms and Conditions will affect your legal rights in relation to Products that are faulty or defective.
12.2 If you consider that any Product we have supplied is faulty or mis-described, please notify us using the contact details set out in clause 10.4.
12.3 If you discover that your Product is faulty, we may request evidence, such as images of the defect, before issuing any refund of the price paid and/or any associated delivery costs.
13 OUR LIABILITY
13.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.
13.2 Please note that we only provide our site and Products for domestic and private use. You agree not to use our site or any of our Products for any commercial, business or resale purposes, and we have no liability to you for any loss of any business of yours and will not provide VAT invoices for your purchases. If you are not a consumer, you must obtain our prior written consent to purchase Products from our site.
13.3 If you are not a consumer, we:
(a) exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it, to the fullest extent permitted by law;
(b) will not be liable for:
(i) loss of profits, sales, business, or revenue;
(ii) business interruption;
(iii) loss of anticipated savings;
(iv) loss of business opportunity, goodwill or reputation;
(v) waste of management or office time;
(vi) any indirect or consequential loss or damage; or
(vii) any liability or obligation we may have under any applicable consumer rights laws.
13.4 However, we do not in any way exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or for breach of your legal rights as a consumer in relation to the Product(s). Nothing in these Terms and Conditions shall affect or limit your rights as a consumer under applicable laws in the jurisdiction in which you are a resident.
13.5 Finally, please be aware that the security of communications sent over the Internet (including by e-mail) is subject to many factors outside of our control. As such, we do not guarantee the security or confidentiality of any electronic communications. In addition, we shall have no liability for your inability to connect to or to access our site which may result from any faults, errors or problems relating to your PC hardware, software, network or security, or your Internet service provider or any other similar problem.
14 EVENTS OUTSIDE OUR CONTROL
14.1 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 our reasonable control, including any event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation):
(a) strikes, lock-outs or other industrial action.
(b) epidemic or pandemic or government actions arising from such epidemic or pandemic.
(c) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(d) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(f) impossibility of the use of public or private telecommunications networks.
(g) the acts, decrees, legislation, regulations or restrictions of any government.
(hereinafter referred to as an “Event Outside Our Control”).
14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.3 You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under this clause 14 please contact us using the details set out in clause 10.4.
15 INTELLECTUAL PROPERTY RIGHTS
All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.
16 AFTER-SALES SERVICE
16.1 You can contact us with any questions, comments, complaints, or requests regarding these Terms and Conditions or our Products, using the details set out in the Contact Us section at clause 10.4 above.
16.2 If you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be found here.
17 17 DOROTHY PERKINS UNLIMITED
17.1 This clause 17 will apply if you have chosen to subscribe to Dorothy Perkins Unlimited.
17.2 Dorothy Perkins Unlimited. will entitle you to benefits such as:
(a) unlimited UK next day delivery, (or unlimited standard delivery where next day delivery is not possible);
(b) unlimited next day collection; and
(c) free returns.
For full details of Dorothy Perkins Unlimited., please click here https://www.dorothyperkins.com/unlimited-next-day-delivery/DPDELIVERYPASS.html
17.3 Term -
(a) Dorothy Perkins Unlimited. membership is valid for 12 months from the date of purchase and shall automatically expire without the need for further action from either party. After your Dorothy Perkins Unlimited. membership expires, you may apply again for a Dorothy Perkins Unlimited. membership if we are offering such Dorothy Perkins Unlimited. memberships at that time. If you do so, you will be asked to pay the applicable annual membership fee at the time. If you do not wish to do so, your membership shall expire at the end of its current period.
(a) Dorothy Perkins Unlimited. memberships are only available to individuals residing in the UK, who have a registered Dorothy Perkins customer account. You must be logged in to your customer account to use Dorothy Perkins Unlimited..
17.5 Postal address – Dorothy Perkins Unlimited. is only available for delivery to UK addresses. Please note postcode restrictions apply. Check your eligibility here https://www.dorothyperkins.com/page/delivery-details.html. The Dorothy Perkins Unlimited. service in the following areas may take 3–5 working days (rather than “next day”): Channel Islands, Highlands & Islands of Scotland, Shetlands.
(a) The annual price of Dorothy Perkins Unlimited. is as stated on our Website. However, we reserve the right to adjust this price from time to time. Please check our site for applicable prices at any time.
17.7 Cancellation – You have a legal right to cancel your contract for Dorothy Perkins Unlimited. membership if you change your mind, until 14 days after the date on which the contract is entered into. However you will lose your right to cancel your Dorothy Perkins Unlimited. membership if you make use of the Dorothy Perkins Unlimited. benefits within this time.
17.8 Orders – you must place your orders for any Products in accordance with Dorothy Perkins's next day delivery timescales. These timescales may vary from time to time and are set out on our Website from time to time.
17.9 Discount Restrictions – Dorothy Perkins Unlimited. can be used in conjunction with any other offer or promotion by Dorothy Perkins.
17.10 Delivery - Dorothy Perkins reserves the right to alter the delivery service valid in this promotion at any time; in this case you will be offered the delivery service available at that time free of charge.
17.12 Personal use only - Dorothy Perkins Unlimited.P is for personal use only and you must not use either account for the benefit of any other person.
17.13 Delays outside of our control – Dorothy Perkins will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from an Event Outside of Our Control.
17.14 Termination - We may in our sole discretion decide to terminate your Dorothy Perkins Unlimited. membership and you will be given a pro-rated refund based on the number of whole months remaining in your membership. We will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms and Conditions or any applicable law, involves fraud or misuse, or is harmful to Dorothy Perkins's interests or the interests of other users.
18 PROMOTION TERMS AND CONDITIONS
Official Dorothy Perkins promotion codes entitle you to an offer on your online order from www.dorothyperkins.com. To utilise your promotion code, click the "redeem a promotion code" button on the order summary page and enter the specific code. Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Promotion codes are territory specific, remain our property, are not transferable and are not valid for the purchase of gift cards or gift vouchers. There is no cash alternative. Promotion codes and related offers are not open to employees of Debenhams Brands Ltd (‘Debenhams’) and we reserve the right to withdraw them and refuse or restrict any order at any time. Promotion codes are only valid on www.dorothyperkins.com for payments made by residents of the United Kingdom and Ireland in Sterling, where enabled, Euros, US or Australian dollars. Payment by Euros, US or Australian dollars can be enabled by selecting the appropriate flag in the dropdown currency selection menu in the top right-hand corner on the homepage.
19 OTHER NOTICEOTHER IMPORTANT TERMS
19.1 If we have to contact you, we will do so by in writing or telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. We may also contact you by reply on any social media platform page that you have used to contact us. When we refer in these Terms and Conditions to "in writing", this includes e-mail.
19.2 We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
19.3 You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
19.4 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.5 We may use subcontractors in performing our obligations under this Contract.
19.6 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.7 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.9 Please note that these Terms and Conditions are governed by English law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
19.10 In respect of any dispute or claim relating to a Contract, if you are a consumer you and we both submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and we both submit to the exclusive jurisdiction of the courts of England and Wales.