Introduction

These terms and conditions (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred in these terms and conditions) (Terms and Conditions) set out the legal terms that apply to your use of the website http://www.dereklam.com  (Website or Site), the purchase of your products from Derek LamDerek Lam International LLC (company number 262816606, VAT number whose registered office is at 105 Madison Avenue, New York, NY 10016, USA (“Derek Lam”, we, us and our) and the services (Services) that are provided by Farfetch UK Limited and/or Farfetch.com US LLC depending on your location (Farfetch) under its trading division Black & White, as more particularly detailed below in the section headed Operation of Website and Services and Product.

Your purchase of any of the products offered on the Site (Products) is subject to these terms and conditions and by placing an order for any Product you agree to be bound by them. You should print a copy of these terms and conditions for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.

We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us.
 

Access to the Site

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.

We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.
 

Operation of Website and Services and Product

Operation of Website and delivery of Services

The Website is owned by Derek Lam. Derek Lam has subcontracted the operation of certain aspects of the Website to Black & White, a trading division of Farfetch. As such, Farfetch provides and/or procures certain services on behalf of Derek Lam to enable the operation of the Website and for you to search through the Website and purchase products from Derek Lam. Such Services include, but are not limited to, payment processing, customer service, hosting, and delivery logistics. The specific Farfetch entity procuring such payment processing services will depend on your location. If you are located in the USA then Farfetch.com US LLC will procure the payment processing services; if you are located anywhere else in the world Farfetch UK Limited will procure the payment processing services. Farfetch UK Limited is a company registered in England and Wales and its registered office is at The Bower, 211 Old Street, London EC1V 9NR United Kingdom. Its registered company number is 06400760 and its VAT number is GB 204 0769 35.  Farfetch.com US LLC is a company registered in the USA and its registered office is at 2301, East 7th Street, Suite A-250 Los Angeles, California, 90023.

Please note that the delivery logistics service is being provided by Farfetch to you, the customer, and as such you are entering into a contract for delivery services provided by Farfetch.  Farfetch may make a charge for these services which will be shown in at prior to checkout and your purchase of the products. 

Products

The Products are owned and sold on the Website by Derek Lam.  Derek Lam attempts to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the Products on the Website are for illustrative purposes only. Although we attempt to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. 

As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights. 

The Products sold are supplied for your domestic and private use only. You agree that you will not use the Products for any commercial, business or re-sale purposes. Neither Derek Lam nor Farfetch has any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 
 

Ordering and availability

Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Pay Now" button on the checkout page.

After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Pay Now" button, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been despatched (Despatch Confirmation). The contract between you and us in relation to the Product(s) ordered (Contract) will only be formed when we send you the Despatch Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.
 
The Contract will relate only to the Product(s) whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the despatch of such Product(s) has been confirmed in a separate Despatch Confirmation. 
 

Delivery

Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Despatch Confirmation, unless there are exceptional circumstances. 

Your order will be delivered to the delivery address you specify when placing your order.

If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses. 

Products comprised within the same order cannot be delivered to different addresses.

Deliveries are made by our trusted courier and take place on Monday to Saturday (or other normal working week days in countries that do not follow a Western pattern of working week), excluding bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for. 

If you order Product(s) for international delivery (i.e. to a location outside of the USA), they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. In the event that you return an item, the import duties will be refunded if they were originally included in the purchase price. If they were not included then you will responsible for reclaiming duty directly from your local customs office.

Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.
 

Risk and ownership

The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.

Price and payment

The price of Products is as quoted on the Site from time to time.
 
Prices include VAT but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket, and have selected your chosen different delivery method. 

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.

The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.

Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards. 

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. We also carry out a standard pre-authorisation check on your payment card, and Products will not be despatched until this pre-authorisation check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

[From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.
 

Returns policy

Returned Products must conform to our returns policy below.

You have a legal obligation to take reasonable care of the products while they are in your possession, and you must return them in the same condition in which you receive them (except to the extent reasonably necessary to examine them). This includes the following guidelines:

  • Products should be returned unworn (other than to try them on), unwashed, undamaged and unused with their original tags;
  • footwear and accessories should be returned in the original boxes provided and inside a protective shipping box;
  • if the Product comes with a security tag this should be left on;
  • hosiery should only be returned if it is unopened and is in its original package; and
  • lingerie and swimwear must only be tried on over your own lingerie garments.

If you fail to comply with the above obligations (including the conditions of return), we may deduct from the refund an amount to reflect the diminished value of the Product(s) up to the full price of the Product(s).

You cannot cancel a contract for the supply of any of the following Products:

  • any Products that have been personalised or made to your own bespoke specifications unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered (see Returns and refunds for customised Products below for more information);
  • earrings of any type including costume or fine jewellery (see Returns and refunds of jewellery below for more information);
  • any garments or cosmetics Products (including fragrances) that have had a hygiene label or seal removed or broken; and
  • any products which are marked as being final sale.

Returns and refunds for customised Products

Due to the nature of personalised and monogrammed Products, returns, changes or cancellations are at our discretion. In exercising this discretion, we will have regard to the level of customisation and personalisation and also reserve the right to offer a store credit rather than a monetary refund. Store credit is valid for 6 months from the date of issue. This does not affect your statutory rights. Please note, that personalised and/or customised Products may have a long lead in time before shipping, but payment will be taken at the time of or shortly after you submit your order and in advance of shipping.

 

Returns Process
We recommend that you return Products in their original packaging to ensure the necessary protection when in transit. Instructions for the return of the Product(s) will be included with the delivery package. When cancelling a purchase and returning Products to us you have two options available to you:

  1. Depending on where you live, exercise your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCRs). If you choose this option you will be refunded the full price for the Product(s) (subject to our Returns Policy) and the cost of standard delivery but will be liable for the organisation and cost of returning the Product(s) to us.
  2. Use our returns service. If you choose this option you can return the Products(s) and will be refunded the full price for the Product(s) (subject to our Returns Policy) but not the delivery charges

We describe these two options in more detail below.

(i) Your cancellation right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCRs)

Except in relation to certain types of Products (as set out above), you may cancel a contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you received the Products ("cooling-off period"). 

To cancel a Contract, you must clearly inform us, preferably:

  • by email at customerservice@DerekLam.com or by telephone on US +16464179968 or UK +442071134963 giving us your name, address and order reference; or
  • by completing and returning the cancellation form [insert link] and sending it to the address set out in the form.

If you cancel an order (or part of an order) during the cooling off period, you must return the Product(s) within 14 days after the day on which you notify us of the cancellation and comply with the Returns Policy.

If you cancel a Contract between us within the 14 day cooling-off period (see above), we will process the refund due to you as soon as possible and, in any case within 14 days after the day on which we receive the Product(s) back or (ii) if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address.

We will refund the price of the Product(s) in full (subject to any deduction we are entitled to make due to your use of or damage to the Product(s)), including the cost of standard delivery. However, we will not refund your cost of returning the Product(s) to us, and you are responsible for those costs. We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.

(ii) Free Returns Pick Up

We offer a free collection service to all customers for Product(s) you wish to return except in relation to certain types of Products as set out in the Returns Policy. You have 14 days from receiving your order to return the Product to us. We strongly recommend that you book your free returns pick-up within 7 days of receiving your order to ensure that it arrives back in time. Please note that we can only collect returns from the same country to which your order was delivered. 
To book a free returns pick-up:
Sign in to the Site and go to My Account;
Under 'Orders' click on the 'Book a return collection' link next to the order you want to return;
Select the Products you would like to return and follow the steps to schedule a pick-up time and address.
We will e-mail you with your Returns Merchandise Authorisation (RMA) number, confirmation of your collection time and address, a booking reference number and returns documents. 

What happens next?

Print out the Air Waybill (AWB) and attach it to the outside of the parcel. There will also be a copy to give to the courier. Please save a copy of the AWB for your records. You can use this to track your return shipment.

If you have been provided with a returns invoice for customs, please enclose one inside the package and attach a signed copy on the outside with the AWB.

Do not seal your package until the driver has checked the contents.
 

Faulty Products

If any Product you order is damaged or faulty when delivered to you, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.

Product information

Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

Any information on the Site regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order (see Contacting us).

What you are allowed to do

You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link. 

What you are not allowed to do

Except to the extent expressly set out in these terms and conditions, you are not allowed to: 

  • 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site; 
  • remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or  
  • create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
 

Intellectual property rights

All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by Farfetch, Derek Lam or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Content

We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk. 

Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information. 

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content. 

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
 

External links

The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Our liability

Nothing in these terms and conditions shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence;
  • for fraudulent misrepresentation;
  • for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded
  • under Part I of the Consumer Protection Act 1987; or
  • for any other liability that, by law, may not be limited or excluded. 

Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
 

General

You may not transfer or assign any or all of your rights or obligations under the Contract.  

All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right. 

If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or any Contract will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
 

Contacting us

Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to customerservice@DerekLam.com, by telephone on US +16464179968 or UK +442071134963 between the hours of 9am to 5pm, Monday to Friday or write to us at:

Derek Lam International, LLC
105 Madison Avenue, 8th Floor
New York, NY 10016
 

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