Terms and Conditions

Privacy Policy

Welcome to the Orlebar Brown Limited privacy notice.

Orlebar Brown respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) or when you visit any of our stores and tell you about your privacy rights and how the law protects you.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary at the back of the notice to understand the meaning of some of the terms used in this privacy notice.

  1. [Important information and who we are]
  2. [The data we collect about you]
  3. [How is your personal data collected]
  4. [How we use your personal data]
  5. [Disclosures of your personal data]
  6. [International transfers]
  7. [Data security]
  8. [Data retention]
  9. [Your legal rights]
  10. [Glossary]

1. [Important information and who we are]

Purpose of this privacy notice

This privacy notice aims to give you information on how Orlebar Brown collects and processes your personal data through your use of our website, your use of our stores, your participation in a Orlebar Brown event, or any data you may provide when you sign up to our newsletter, purchase a product or service or take part in a competition.

This website is not intended for children and we do not knowingly collect data relating to children.


Controller

Orlebar Brown Limited is the controller and responsible for your personal data (referred to as “Orlebar Brown”, “we”, “us” or “our” in this privacy notice).

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.


Contact details

You can contact our Data Privacy Manager at:

Post:
Orlebar Brown Limited
Great Western Studios
Studio 101
65 Alfred Road
London W2 5EU
United Kingdom

FAO: Data Privacy Manager

Email: dataprivacy@orlebarbrown.com

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk) We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.


Changes to the privacy notice and your duty to inform us of changes

This version was last updated on 16 May 2018 and historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.


Third-Party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. [The data we collect about you]

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender, transaction ID.
  • Contact Data includes billing address, delivery address, email address, telephone numbers and emergency contact telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data (including Wi-Fi log-in data and MAC code), browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences, and how you interact with our email communications.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.


If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. [How is your personal data collected]

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact, Transaction, and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
    • Buy or express an interest in our products or services, in-store or on our website;
    • Create an account on our website;
    • Subscribe to our newsletter;
    • Request that we send marketing materials to you;
    • Enter a competition, promotion or survey;
    • Attend an Orlebar Brown promotional event;
    • Submit a product review;
    • Speak to customer services or the OB concierge.
  • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
    • Technical Data from analytics providers such as Google based outside the EU;
    • Contact, Financial and Transaction Data from franchise partners and providers of technical, payment and delivery services such as Adyen based inside the EU.
    • Identity and Contact Data from data brokers such as Experian based inside and outside the EU.
    • Identity and Transaction Data from affiliate networks based both inside and outside the EU.

4. [How we use your personal data]

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract we are about to enter into or have entered into with you.
Where we have your consent.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.

You have the right to withdraw consent to marketing at any time by unsubscribing via the link provided with each marketing email we send to your or by contacting us at dataprivacy@orlebarbrown.com.


Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

  • Purpose/Activity:
    • To register you as a new customer
  • Type of data:
    • (a) Identity
    • (b) Contact
  • Lawful basis for processing including basis of legitimate interest:
    • Performance of a contract with you
  • Purpose/Activity:
    • To process and deliver your order including:
    • (a) Manage payments, fees and charges
    • (b) Ensure fulfilment by partners and franchisees
    • (c) Collect and recover money owed to us
  • Type of data:
    • (a) Identity
    • (b) Contact
    • (c) Financial
    • (d) Transaction
    • (e) Marketing and Communications
  • Lawful basis for processing including basis of legitimate interest:
    • (a) Performance of a contract with you or your employer
    • (b) Necessary for our legitimate interests (to recover debts due to us)
  • Purpose/Activity:
    • To manage our relationship with you which will include:
    • (a) Notifying you about changes to our terms or privacy notice
    • (b) Asking you to leave a review or take a survey
  • Type of data:
    • (a) Identity
    • (b) Contact
    • (c) Profile
    • (d) Marketing and Communications
  • Lawful basis for processing including basis of legitimate interest:
    • (a) Performance of a contract with you
    • (b) Necessary to comply with a legal obligation
    • Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
  • Purpose/Activity:
    • To manage our after sales relationship with you, including:
    • (a) Assisting you with warranty issues
    • (b) Contacting you in relation to a product recall
  • Type of data:
    • (a) Identity
    • (b) Contact
    • (c) Profile
    • (d) Transaction
  • Lawful basis for processing including basis of legitimate interest:
    • (a) Performance of a contract with you
    • (b) Necessary to comply with a legal obligation
    • (c) Necessary for our legitimate interests (to keep our records updated)
  • Purpose/Activity:
    • To manage our after sales relationship with you, including:
    • (a) Assisting you with warranty issues
    • (b) Contacting you in relation to a product recall
  • Type of data:
    • (a) Identity
    • (b) Contact
    • (c) Profile
    • (d) Transaction
  • Lawful basis for processing including basis of legitimate interest:
    • (a) Performance of a contract with you
    • (b) Necessary to comply with a legal obligation
    • (c) Necessary for our legitimate interests (to keep our records updated)
  • Purpose/Activity:
    • To enable you to partake in a prize draw, competition or complete a survey
  • Type of data:
    • (a) Identity
    • (b) Contact
    • (c) Profile
    • (d) Usage
    • (e) Marketing and Communications
  • Lawful basis for processing including basis of legitimate interest:
    • (a) Performance of a contract with you
    • (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
    • (c) Consent
  • Purpose/Activity:
    • To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
  • Type of data:
    • (a) Identity
    • (b) Contact
    • (c) Technical
  • Lawful basis for processing including basis of legitimate interest:
    • (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
    • (b) Necessary to comply with a legal obligation
  • Purpose/Activity:
    • To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
  • Type of data:
    • (a) Identity
    • (b) Contact
    • (c) Profile
    • (d) Usage
    • (e) Marketing and Communications
    • (f) Technical
  • Lawful basis for processing including basis of legitimate interest:
    • Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
  • Purpose/Activity:
    • To share with data analytics providers such as Facebook and Google to generate advertising to potential customers with similar profiles
  • Type of data:
    • (a) Identity
    • (b) Contact
    • (c) Profile
    • (d) Usage
    • (e) Marketing and Communications
  • Lawful basis for processing including basis of legitimate interest:
    • Necessary for our legitimate interests (to grow our business and to inform our marketing strategy)
  • Purpose/Activity:
    • To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
  • Type of data:
    • (a) Technical
    • (b) Usage
  • Lawful basis for processing including basis of legitimate interest:
    • Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
  • Purpose/Activity:
    • To make suggestions and recommendations to you about goods or services that may be of interest to you
  • Type of data:
    • (a) Identity
    • (b) Contact
    • (c) Technical
    • (d) Usage
    • (e) Profile
  • Lawful basis for processing including basis of legitimate interest:
    • (a) Necessary for our legitimate interests (to develop our products/services and grow our business); or
    • (b) Consent

Marketing and opting out

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You can update your marketing preferences by logging on to your account and selecting the opt-out option. Alternatively, if you would like to continue to receive marketing communications but want to change some features, please contact us at dataprivacy@orlebarbrown.com. You may also click ‘unsubscribe’ in any of the marketing emails we send to you.

Opting out of marketing messages will not prevent you receiving non-marketing messages from us, for example relating to products ordered from us, responses to customer service queries etc.


Promotional offers from us

We may use your Identity, Contact, Technical, Transaction, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (this is “marketing”).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing. You will also receive marketing communications from us if you have provided us with your details when you entered a competition or registered for a promotion and gave us your consent as part of that process.


Third-Prty Marketing

We will get your express opt-in consent before we share your personal data with any other company for marketing purposes. However, we may release your personal information to our authorised direct marketing agents who will be sending information to you on our behalf, unless you tell us that you do not wish this to happen.


Cookies

Your browser is where your cookie information is stored. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. Each browser has a different method for you to delete cookies or edit your privacy settings. The following resource offers you simple guides on how to remove cookies from each browser. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please cookie policy.


Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. [Disclosures of your personal data]

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • External Third Parties as set out in the Glossary.
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. [International transfers]

Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA. This includes to our franchise partners throughout the world for fulfilment purposes.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. [Data security]

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. [Data retention]

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being customers for tax purposes. We also keep this basic information about our customers for seven years following your most recent active interaction with us, to enable us to deal efficiently with any after-sales queries that you may have. We also need to keep basic information for warranty purposes for a period of seven years and recall purposes for a period of seven years. We keep customer profile information that you have indicated you are happy for us to have in order to keep you up to date regarding our products, services and events and will keep this information until such time as you indicate you no longer wish us to keep this data.

In some circumstances you can ask us to delete your data: see [Request erasure] below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. [Your legal rights]

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights: [Glossary]

  • [Request access to your personal data].
  • [Request correction of your personal data].
  • [Request erasure of your personal data].
  • [Object to processing of your personal data].
  • [Request restriction of processing your personal data].
  • [Right to opt-out of automated profiling of your personal data].
  • [Request transfer of your personal data].
  • [Right to withdraw consent].

If you wish to exercise any of the rights set out above, please contact us at dataprivacy@orlebarbrown.com.


What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.


Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. [Glossary]

Lawful basis

Legitimate Interestmeans the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contractmeans processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligationmeans processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Consentmeans you have explicitly given us permission to process your personal data. In such circumstances we will have asked you a specific question and you will have entered information or ticked a tick-box to indicate your consent.


Third parties

External thirdparties

  • Service providers acting as processors based in the UK, EU and US who provide IT and system administration services.
  • Service providers acting as processors based in the UK and EU who provide sales order processing services
  • Service providers and franchisee partners acting as processors based inside and outside the EU who provide fulfilment services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the UK, EU and US who provide consultancy, banking, legal, insurance and accounting services.
  • Tax authorities, regulators and other authorities acting as processors or joint controllers based in the UK and EU who require reporting of processing activities in certain circumstances.
  • Customer service call, email, display advertising, product review service providers and website behavioural service providers, acting as processors, based in the UK, EU or US. Website behavioural service providers shall record mouse clicks, mouse movements, page scrolling and any text keyed into website forms. The information collected does not include bank details or any sensitive personal data;
  • Direct marketing agents sending you marketing information on Orlebar Brown’s behalf.

Your legal rights

You have the right to:

Request accessto your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it

Request correctionof the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasureof your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processingof your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processingof your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. In such circumstances we may reserve the right to delete your personal data rather than hold it but restrict processing, where our processes are not set up to enable a restriction.

Request the transferof your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Request to opt out of automated profilingof your personal data. You have the legal right to opt-out of any automated profiling of your personal data that could have a legal consequence for you, and have a human being involved in the processing decision rather than it being automated. The only profiling of this type that we undertake is in our marketing activities, in which we tailor our marketing communications to your transactional history and product preferences. If you wish to opt-out of this automated profiling please contact us, though please be aware that our systems are not configured to send un-tailored marketing communications to you, so in practice opting out of automated profiling will result in you being opted out of receiving marketing communications from us.

Withdraw consent at any timewhere we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Use of our Website

References to "we", "us" and/or "our" throughout www.orlebarbrown.com (“the website”) are to Orlebar Brown Ltd.

The use of the website and the purchase of any goods ("Goods" and/or "Products") from the Website is governed by these terms and conditions ("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.

Contract Information

Goods supplied from the Website are supplied by Orlebar Brown Ltd.

Orlebar Brown Ltd is a company registered in England and Wales.
The company registration number is 5502027, VAT number is 872 512 034 and registered office is 18 Bedford Row, London, WC1R 4EQ.

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.

Accessibility

Orlebar Brown is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. Our goal is to enable all of our customers to successfully transact business through our website and access all of our digital offerings.

We are actively taking steps and devoting resources to further enhance the accessibility of our website to meet or exceed applicable standards. This work is ongoing and as we continue to strive toward our goal of promoting accessibility, we welcome your feedback on how we might improve. If you have difficulty accessing any feature or functionality of this website, please let us know. Contact us at +44(0)2077856941 or email us at obconcierge@orlebarbrown.com

Intellectual property right and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by our licensor or us.

You acknowledge and agree that the material and content contained on this Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Limitation of liability

Whilst we will use all reasonable endeavours to verify the accuracy of any information we place on the Orlebar Brown Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Orlebar Brown Website, or any transaction that may be conducted on or through the Orlebar Brown Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Orlebar Brown website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Orlebar Brown website.

The fullest extent permissible under applicable law, we disclaim any and all warranties of any kind whether express or implied, in relation to the Goods or Products.

This does not affect your legal rights as a consumer.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Orlebar Brown website and any information provided to or taken from the Orlebar Brown website by you. We will not be liable, in contract, tort (including without limitation, negligence), pre-contract or other representations (other then fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:

  • economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • any loss of goodwill or reputation; or
  • ny loss which was not brought to the attention of Orlebar Brown Ltd at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Orlebar Brown; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provision of an matter under these Conditions.

Notice in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that or our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by use shall be construed as a waiver of any preceding or succeeding breach of any provision.

Survival

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These conditions (as amended and altered from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral between You and Orlebar Brown in relation to such matters. You confirm that You have read these Conditions and You fully understand them and You also agree that these conditions are the only terms (together with Your network provider agreement) that rule Your relationship with us.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

ALTERNATIVE DISPUTE RESOLUTION

Orlebar Brown will always try to resolve complaints as quickly as possible. However, if we’ve 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.

Promotional codes

Promotional codes are for transactions on orlebarbrown.com and cannot be used in conjunction with any other offer or discount; this includes reduction in price(s) during sale. The sum or percentage discount will be reduced from the order total excluding shipping costs.

Orlebar Brown reserves the right in its sole discretion to exclude any person from using any promotional code. Orlebar Brown decision will be final and binding. These Rules are governed by the laws of England and Wales.

The promoter is Orlebar Brown. If you have any problems, questions or need assistance, please write to obconcierge@orlebarbrown.com with the subject ‘Promotional Codes'.

Please note, promotional codes cannot be used in conjunction with pre-orders or any other offer or promotion.

Free delivery promotion

Standard terms and conditions still apply during any free delivery promotion.

Any free delivery promotions are subject to Orlebar Brown’s right to do the following at any time: (i) cancel the promotion, (ii) cancel or refuse any individual's right to benefit from it and (iii) amend the terms and conditions of the promotion.

This promotion is valid in conjunction with other offers and can be used more than once. The promotion is not transferable or redeemable for cash or credit towards any purchase. It is valid only on orders over the agreed value made via Orlebar Brown’s web-stores or on orders placed via phone to Orlebar Brown’s web-store.

Free delivery promotions are with our standard shipping services. Orlebar Brown do not guarantee or are responsible for standard delivery times.

OB swim shorts 5 year guarantee registration

The 5 year guarantee applies to OB Swim Shorts (including Snap Shorts) only. Your purchase of Swim Shorts must be registered with Orlebar Brown in order to claim against the Guarantee..

The issue must be considered a fault by Orlebar Brown to claim against the Guarantee.

FAULTS INCLUDE:

  • The material splitting;
  • Side fasteners breaking;
  • Stitching coming away;
  • Extreme colour loss.

Swim Shorts that have been purchased direct from Orlebar Brown and registered for the Guarantee, which develop a fault within 6 months of purchase can be returned for a refund. Swim Shorts purchased outside of the 6 months can be returned for exchange only. This does not affect your legal rights.

Swim Shorts that have been purchased from a registered stockist and registered for the Guarantee with Orlebar Brown, may be returned directly to Orlebar Brown for an exchange. Alternatively, any faulty Swim Shorts (or other faulty Orlebar Brown products) purchased from our registered stockists may be returned to the relevant stockist in line with your legal rights.

Proof of purchase must be presented in order to register your shorts. If you no longer have the receipt, please provide a bank statement.

Shorts purchased with us online are automatically registered for the Guarantee.

Shorts must be purchased directly from Orlebar Brown or from one of our registered stockists in order to register your shorts with the Guarantee.

The Orlebar Brown Guarantee is currently only an in-house programme, any claims must be made directly at Orlebar Brown.

If your OB Swim Short has been bought in the last year, Orlebar Brown will provide you with a returns shipping label, otherwise the cost of shipping the return to our London, UK address is the customer’s responsibility. If it has been over six months since purchase, and Orlebar Brown accept the issue as a fault, refunds and credit will not be available and shorts can only be exchanged. Shorts can only be exchanged for the same style, colour and size. If the style or colour you’ve returned is no longer available, then Orlebar Brown will offer you an alternative colour of equivalent value, but the cash equivalent of the value cannot be applied to other shorts or items.

We will consider a single OB Classic Swim Short twice under the Orlebar Brown Guarantee. If you experience an issue that Orlebar Brown accept as a fault, and we offer a replacement or repair, this will be considered a single claim. This does not affect your legal rights.

GIFT VOUCHERS AND PROMOTIONAL GIFT VOUCHER WITH PURCHASE

Any gift vouchers purchased from Orlebar Brown are issued by Orlebar Brown Limited (“Orlebar Brown”)The promotional gift voucher to value of £50/60€/$75 is only issued to customers with orders of the value £250/300€/$400 or more, excluding postage and packaging.

Gift voucher and promotional gift voucher with purchase

This gift voucher is issued by Orlebar Brown Limited (“Orlebar Brown”)

The promotional gift voucher to value of £50/60€/$75 is only issued to customers with orders of the value £250/300€/$400 or more, excluding postage and packaging

The values stated for the promotion are set by Orlebar Brown and are directly converted at market rates

If the value of the order falls below the stated threshold - through refund via return or exchange - the promotional gift voucher will be cancelled. If the gift voucher has already been redeemed, the value of the gift voucher will be deducted from the refund amount due

Only one promotional gift voucher with purchase per person. Any Orlebar Brown gift voucher may only be used once. Terms and Conditions of purchase shall apply equally to any product purchased using a gift voucher, as they would to any other purchase of product.

Gift vouchers can be redeemed online on Orlebar Brown’s website and at Orlebar Brown stores. Gift Cards cannot be used for payment in Orlebar Brown concessions, in third party department stores or in independent retailers and are excluded from free delivery options.

If using the gift voucher online, you must enter the nine-character code printed on the gift voucher where indicated at the checkout in order to redeem the voucher.

The currency of the gift voucher will match the currency of the related order. Gift vouchers are not cheque guarantee, credit or charge cards and cannot be exchanged for cash, returned or refunded, except in accordance with your legal rights. Gift vouchers cannot be exchanged for an alternative currency and carry no cash value. Gift Vouchers can only be redeemed in the currency in which they were created.

Gift vouchers cannot be exchanged for cash or an alternative currency and carry no cash value. Gift Vouchers can only be redeemed in the currency in which they were created

Gift vouchers are valid for 12 months from the date of their purchase. After 12 months from purchase of the gift voucher, any remaining balance will be cancelled and will not be returned to the customer.

After 12 months from purchase of the gift voucher, any remaining balance will be cancelled

Orlebar Brown will not accept liability for lost, stolen or damaged vouchers. If any of these occur, please contact Orlebar Brown immediately

Use of this voucher constitutes acceptance of Orlebar Brown’s terms and conditions set out above. This does not affect your legal rights.

Price adjustments

Following a price adjustment, Orlebar Brown 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 as per Orlebar Brown’s standard returns policy 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.

007 competition

1. Entries must be submitted by Tuesday 7th August 12pm EST. 2. Winner will be contacted by Orlebar Brown and asked for their size and delivery address. 3. Product is non-transferable. 4. By entering this prize draw, you agree to Orlebar Brown contacting you for marketing purposes only. 5. Entry into this prize draw is not permitted for any member of staff or anyone associated/contracted to work for Orlebar Brown unless stated otherwise. 6. Orlebar Brown reserves the right to alter or withdraw this offer at its discretion. 7. Fulfilment of prize is subject to stock availability. 8. This competition is open to applicants globally.

Global James Bond Day Competition

  • 1. Introduction
    • (a) The Competition is organised and run by Orlebar Brown Ltd. (“Orlebar Brown”), who can be contacted at Great Western Studios, Studio 101, 65 Alfred Road, London, England, W2 5EU.
    • (b) By entering this Competition, you agree to these Terms and Conditions (the “Terms”) and any decisions reached by Orlebar Brown, which are final and binding in all matters related to this Competition.
    • (c) The Competition starts at 12:00pm on 5th October 2018 and ends at 12.00pm on 6th October 2018 (the “Competition Period”).
  • 2. Who can enter this Competition?
    • (a) Participants must be aged 16 or over and have a social media account.
    • (b) The Competition is not open to directors, members, partners, employees, agents or consultants of Orlebar Brown, any person who directly or indirectly controls or is controlled by Orlebar Brown, or any supplier of goods or services in connection with the Competition, or the spouses, life partners, business partners or immediate family members of such connected individuals.
    • (c) By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. Orlebar Brown reserves the right to verify the eligibility of all participants and disqualify a participant for submitting false information.
  • 3. How does the Competition work?
    • (a) No purchase is necessary to enter the Competition and entry is free.
    • (b) To enter the Competition, participants must post their answer in response to the “What is your favourite Bond film?” competition question posted on Orlebar Brown’s social media account on Facebook, Twitter and Instagram. The participant’s answer should be posted on either Facebook, Twitter or Instagram (including as a response to Orlebar Brown’s Competition-related Instagram stories) during the Competition Period and does not need to be posted on all three social media platforms to be considered valid (“Entry”) (being “Entries” when referred to in the plural).
    • (c) Each participant can only enter the Competition once.
    • (d) All Entries must be received by Orlebar Brown during the Competition Period or they will be void. Orlebar Brown will not accept responsibility for: i. Competition Entries that fail to post or are lost or delayed in transit, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or ii. any change in dates, times or cancellations or other arrangements that may prevent a winner from accepting, taking or using a prize.
    • (e) The winner will be selected after 12.00pm on 6th October 2018. The winner will be selected at random, using a random number generator computer process from all valid Entries received.
    • (f) The winner will be notified of their win on the 6th October 2018, via a direct message on the social media platform they used to enter the Competition. The winner will be provided with an email address to contact to claim their Prize.
    • (g) The Prize must be claimed by emailing Orlebar Brown at the email address provided within seven (7) days of notification. Failure to do so will result in the forfeit of the Prize and an alternative winner will be chosen.
    • (h) If a winner is found to be ineligible or fails to comply with the Terms, then the winner may, in Orlebar Brown’s sole discretion, be disqualified and an alternate winner will be selected.
    • (i) The decision of Orlebar Brown regarding any aspect of the Competition is final and binding and no correspondence will be entered into about it.
  • 4. What is the prize?
    • (a) There will be one (1) winner.
    • (b) The winner will be entitled to spend up to £700 on “Orlebar Brown” products available online at www.orlebarbrown.com. In order to redeem the £700 spend value, the winner must submit his/her “Orlebar Brown” product order requests to Orlebar Brown (at the email address given to the winner upon notification of their win), and an Orlebar Brown representative will then place the product order for the winner within seven (7) days of receiving the winners order request. The winner will receive the items within two (2) weeks of Orlebar Brown confirming the winner’s Prize order (subject to any postal delays due to the winner’s geographical location).
    • (c) The £700 spend value is to be spent on product available online at www.orlebarbrown.com only and will not be accepted in any Orlebar Brown stores or concessions.
    • (d) The £700 spend value can be used to purchase full-price products only (it cannot be used to purchase sale items) and cannot be used in conjunction with any discount, offer or promotion. In the event that the winner’s order total exceeds £700, the winner shall be responsible for paying any excess.
    • (e) Prizes are non-transferable, non-exchangeable, and have a cash value of zero. The Prize (and product purchased using the Prize) are for personal use only and are not for resale. Prizes may be forfeited in the event that Orlebar Brown determines that the Prize is being misused. Orlebar Brown reserves the right to substitute a prize of an equal or greater value in its absolute discretion.
  • 6. General
    • (a)If the winner consents to do so, they may participate in reasonable post-event publicity.
    • (b) Orlebar Brown may contact participants via direct message using the social media platform the participant used to enter the Competition, for administrative purposes relating to this Competition.
    • (c) Orlebar Brown will keep your personal information safe and will not disclose it to anyone else and will use your personal information in accordance with the privacy policy available on its website.
    • (d) Orlebar Brown reserves the right to amend the rules of the Competition, to withdraw the Competition at any time if circumstances beyond its control make this unavoidable, or to cancel prizes in the event of non-compliance with these Terms.
    • (e) Any cancellation or changes will be posted on the relevant competition page at www.orlebarbrown.com.
    • (f) With the exception of liability which cannot be excluded by law, Orlebar Brown is not liable for, and you release Orlebar Brown from, liabilities relating to any direct or indirect loss or damage which is suffered, as a result of entering the Competition, failing to win, winning, accepting or using a Prize.
    • (g) If you require any help or have any enquiries relating to these Terms, please contact Orlebar Brown at the address above.
    • (h) These terms and conditions shall be governed by English law, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.