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ORLEBAR BROWN – TERMS AND CONDITONS OF SALE

1. THESE TERMS AND CONDITIONS

  • 1.1 What these terms and conditions cover. These are the terms and conditions that cover the terms on which we supply products and goods to you.
  • 1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us at obconcierge@orlebarbrown.com.
  • 1.3 Our FAQs. You can find further information about our products and placing orders by visiting our FAQs page.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

  • 2.1 Who we are. We are Orlebar Brown Limited, a company registered in England and Wales. The company registration number is 05502027, VAT number is 872 512 034 and registered office is Orlebar Brown Limited, Great Western Studios, Studio 101, 65 Alfred Road, London, W2 5EU, United Kingdom.
  • 2.2 Use of our website. References to "we", "us" and/or "our" throughout www.orlebarbrown.com (“the Website”) are to Orlebar Brown Limited. The purchase of any products ("Goods" and/or "Products") from the Website is governed by these terms and conditions. We reserve the right to modify these terms and conditions without notice to you. There is no charge imposed by Orlebar Brown for accessing the Website but you must pay the cost of the communications link you use to visit the Website. Access to the Website may be suspended, restricted, or terminated at any time without notice. For more details see our Website Terms of Use policy.
  • 2.3 How to contact us. You can contact us by telephoning our customer service team on +44 (0) 207 785 6941 or by writing to us at obconcierge@orlebarbrown.com or Great Western Studios, Studio 101, 65 Alfred Road, London, W2 5EU, United Kingdom.
  • 2.4 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
  • 2.5 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

  • 3.1 How we will accept your order. Your submission of an order represents an offer to purchase Goods and/or Products indicated by you and it is not binding on us until we have notified you that an order is accepted. All advertisements and communications are made by us until your order is accepted by us are invitations to treat only and are not confirmed offers. This means that if Goods or Products are shown on the site but are unavailable or incorrectly priced or otherwise incorrectly described, Orlebar Brown shall not be obliged to sell you those Goods. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
  • 3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product, or because we are unable to meet a delivery deadline you have specified.
  • 3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. OUR PRODUCTS

  • 4.1 Products may vary slightly from their pictures. The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
  • 4.2 Product packaging may vary. The packaging of the Product may vary from that shown in images on our Website.
  • 4.3 Products specific policies. Some of our Products have their own policies and guarantees:
    a. For information about our OB Classic Swim Shorts and the OB Guarantee please see here;
    b. For information about our Bespoke Products and our Snapshorts, please see here;
    c. For our Underwear Returns Policy, please see here.
  • 4.4 Products are not for resale. Our Products sold via this Website are for personal use only and not for resale.

  • OUR RIGHTS TO MAKE CHANGES

  • 4.5 Minor changes to the Products. We may change the Product to reflect changes in relevant laws and regulatory requirements.
  • 4.6 More significant changes to the Products and these terms. In addition, as we informed you in the description of the Product on our Website, we may make the following changes to these terms or the Product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.

5. PROVIDING THE PRODUCTS

  • 5.1 Delivery costs. The costs of delivery will be as displayed to you on our Website. For more information about our delivery costs please see here.
  • 5.2 When we will provide the Products. During the order process we will let you know when we will provide the Products to you. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order (unless subject to exceptional circumstances e.g. pre-orders, delays as a result of an event of force majeure, in relation to which we will keep you informed of the progress of your order).
  • 5.3 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
  • 5.4 If you are not at home when the Product is delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, our nominated courier will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
  • 5.5 If you do not re-arrange delivery. If you do not collect the Products as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and section 9.2 may apply.
  • 5.6 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under section 7.1.1 or section 7.1.2, you can cancel your order for any of the Goods or reject Goods that have been delivered. If you wish, you can reject or cancel the order for some of those Goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Goods and their delivery. If the Goods have been delivered to you, you must either return them in person to where you bought them or post them back to us. We will pay the costs of postage. Please call customer services on +44 (0) 207 785 6941 or email us at obconcierge@orlebarbrown.com to arrange a return or collection of your order.
  • 5.7 When you become responsible for the Goods. The Products/Goods will be your responsibility from the time we deliver the Products/Goods to the address you gave us.
  • 5.8 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to deal with technical problems or make minor technical changes or to update the Product to reflect changes in relevant laws and regulatory requirements.

6. CHANGING A PLACED ORDER

  • Please contact us on obconcierge@orlebarbrown.com or +44 (0) 207 785 6941 as soon as possible if you need to make any changes to your order once it has been placed. We will always endeavour to make the requested amendments but please keep in mind due to postal deadlines this is not always possible. Please note, during peak periods and sale, it is not possible to make amendments to orders.

7. YOUR RIGHTS TO END THE CONTRACT

  • 7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.

    7.1.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:
    a. we have told you about an upcoming change to the Product or these terms which you do not agree to;
    b. we have told you about an error in the price or description of the Product you have ordered, and you do not wish to proceed;
    c. there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
    d. we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons.

    7.1.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

    7.1.3 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by us to you, which is more generous than your legal rights under the Consumer Contracts Regulations. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed Products. For online purchases, we operate a no quibble exchange or refund guarantee. If you are not happy with your purchase just return it to us, in its original and unworn condition, within 28 days of receipt and we will either send out replacement Goods or refund you the purchase price. We will be in touch via email once we have received your return and endeavour to process all returns within five working days of receipt. We currently offer free returns from anywhere in the world (see our Returns section for more details). If you place your order for our UK, US or AUS site you will be provided with a pre-paid returns label which will be enclosed within your order.

    7.1.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for Goods is completed when the Product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for Products not provided but we may deduct from that refund.
  • 7.2 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
    a. bespoke Products, including (but not limited to) our SnapShorts;
    b. Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them, including underwear (for more information, please see our Underwear Returns Policy).

8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

  • 8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
    a. Phone or email. Call customer services on +44 (0) 207 785 6941 or email us at obconcierge@orlebarbrown.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
    b. Online. Complete the cancellation form on our Website and email it to obconcierge@orlebarbrown.com
    c. By post. Print off the cancellation form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
  • 8.2 Returning Products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return the Goods in person to where you bought them or post them back to us (following the instructions here and sending to ORLEBAR BROWN, TORQUE, WORTLEY MOOR ROAD, LEEDS LS12 4JH, UNITED KINGDOM). Please call customer services on +44 (0) 207 785 6941 or email us at obconcierge@orlebarbrown.com for a return label if necessary. If you are exercising your right to change your mind (under the Consumer Contracts Regulations 2013) you must send off the Goods within 14 days of telling us you wish to end the contract. Goods that are returned to us remain the customer’s responsibility and a refund will not be given until we have received them, or have been provided with sufficient proof of postage. We recommend that you send your returns using a recorded or signed for service post and that you retain proof of postage. You will be responsible for the cost of returning the goods to us where we have not provided or, where provided, you choose not to make use of, the “free returns” option.
  • 8.3 How we will refund you. We will refund you the price you paid for the Products by the method you used for payment. However, we may make deductions from the price, as described below. If you are exercising your right to change your mind (under Consumer Contracts Regulations 2013), instead of using our goodwill returns process, we will also refund your delivery costs.
  • 8.4 Deductions from refunds if you are exercising your cancelation right under right to change your mind (Consumer Contracts Regulations 2013). If you are exercising your right to change your mind:
    a. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, 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 Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
    b. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
  • 8.5 When your refund will be made. We will make any refunds due to you as soon as possible. Your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
  • 8.6 Please see our Delivery and Returns Policy for further information.

9. OUR RIGHTS TO END THE CONTRACT

  • 9.1 We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
  • 9.2 You must compensate us if you break the contract. If we end the contract in this situation we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10. IF THERE IS A PROBLEM WITH THE PRODUCT

  • 10.1 How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team at +44 (0) 207 785 6941 or write to us at obconcierge@orlebarbrown.com or Great Western Studios, Studio 101, 65 Alfred Road, London, W2 5EU, United Kingdom. Alternatively, please speak to one of our staff in-store.
  • 10.2 Summary of your legal rights. Section 10.3 sets out a summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. Nothing in these terms will affect your legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice Website www.adviceguide.org.uk or call 03454 04 05 06 (for UK residents).
  • 10.3 Your legal rights. The Consumer Rights Act 2015 says Goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:
    a. Up to 30 days: if your Goods are faulty, then you can get an immediate refund.
    b. Up to six months: if your Goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
    c. Up to six years: if your Goods do not last a reasonable length of time you may be entitled to some money back.
  • 10.4 Our product specific returns policies. For more information about our product specific policies, please see section 4.3 above.
  • 10.5 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must either return them in person to where you bought them or post them back to us (to ORLEBAR BROWN, TORQUE, WORTLEY MOOR ROAD, LEEDS LS12 4JH, UNITED KINGDOM). We will pay the costs of postage (provided that you use the returns route provided by Orlebar Brown) and will also refund your original delivery charges. Please call customer services on +44 (0) 207 785 6941 or email us at obconcierge@orlebarbrown.com for a return label.

11. PRICE AND PAYMENT

  • 11.1 Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct.
  • 11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
  • 11.3 How do I claim VAT? Please note we do not charge tax for orders shipped outside of the EU. Orlebar Brown is registered in the following states in the US: Florida, New York and Georgia. The relevant sales tax will be calculated during check-out and added to the total value of your order. www.orlebarbrown.com is excluded from the Retail Export Scheme as Customs considers us to be a mail order operation. This means that we are unable to assist customers with reclaiming the taxes applied to any purchases from our site. We are unable to refund international customs duties and sales taxes directly once Goods have been dispatched. However, you may still be able to reclaim them through your local Customs bureau.
  • 11.4 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Goods provided to you.
  • 11.5 When you must pay and how you must pay. We accept all major credit and debit cards including American Express and we offer the option to checkout via PayPal. You must pay for the Products before we dispatch them.
  • 11.6 Price Adjustments. Following a price adjustment, we will refund the difference on request between the original price and the adjusted price so long as the following conditions are met: the purchase at original price was made within the 14 days of the price adjustment and the product is still valid for return; the product originally purchased is available to purchase at the adjusted price in the same colour and size.

12. SAMPLE SALES

  • 12.1 Sample Sales and Group Sales. We may from time to time offer exclusive sale opportunities to employees of the Orlebar Brown group of companies. Such sales will be governed by a separate set of terms and conditions of sale, which will be included in the email invitation sent out to eligible customers. By making any purchase of Products from this sale you acknowledge that the terms and conditions included in the email invitation sent out to eligible customers take precedence over these terms and conditions of sale.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

  • 13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract 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, for example, if you discussed it with us during the sales process.
  • 13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
  • 13.3 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • 13.4 Charges. We are not responsible for any costs, charges, fees, or other expenses which may be applied to a transaction by your card issuer, bank (or payment method provider) as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of your order being placed through our UK website. Depending on which of our websites you are using we accept payments in British Pounds, American Dollars, Euros, Australian Dollars and United Arab Emirates Dirhams. If your usual currency of payment is not indicated on our website, the final price for your order may be charged in the currency of your credit/debit card payment or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we will not be responsible for any cost, charge, fee, other expense or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency than the currency of your purchase as displayed on our website.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

15. OTHER IMPORTANT TERMS

  • 15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
  • 15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
  • 15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
  • 15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • 15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
  • 15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts.
  • 15.7 Alternative Dispute Resolution. Orlebar Brown will always try to resolve complaints as quickly as possible. However, if we have not resolved your complaint to your satisfaction, you can refer the issue to the independent “Alternative Dispute Resolution” service provided by The Retail Ombudsman (see the Ombudsman’s website here). Provided your complaint is in their remit, they will investigate your complaint free of charge. If you have purchased your Goods online, you also have the right to pursue Online Dispute Resolution (“ODR”) through the ODR Platform, accessible via the following url: http://ec.europa.eu/odr. Please note that although you have the right to bring a complaint to The Retail Ombudsman, or through the ODR Platform, Orlebar Brown is not legally bound to comply with the ADR/ODR process and, therefore, shall be entitled to elect not to participate in the event that you do bring such a claim.

16. MODEL CANCELLATION FORM – can be accessed here.