Terms and Conditions

USE OF THE WEBSITE

Swagga & Soul (“Swagga & Soul” “we” “us”) welcomes you to their website(s) (our “Site” or “Sites”).

By accessing this website you agree to these terms and conditions (the “Terms”) and any other rules posted on our Site. Please read the Terms carefully before placing any orders on swaggaandsoul.com. If you do not agree to the Terms you may not use this website and should leave it immediately.

If you are under 16, you must let your parent or guardian know about Swagga & Souls Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 however.
We may modify the Terms from time to time. Please read the Terms and check back often. If you do not agree to any change to the Terms, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law.

PRIVACY POLICY
The following information is provided by Swagga & Soul to enable our online visitors to be fully informed of our Privacy Policy. By visiting swaggaandsoul.com you are accepting and consenting to the practices described in this Privacy Policy and the Terms and Conditions.

Swagga & Soul collects personal information in several ways when you place an order or register for a service offered by Swagga & Soul. If an order is placed with us, we need to hold personal information including your name, email address, phone numbers, home address, shipping and credit card billing address(es) so that we can process and fulfil your order. Saved card details will never be shared with third parties and will only be used to process your order. Additionally we may also obtain information as a result of authentication or identity checks. We may also collect, and our third party providers may collect, information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, and any search terms that you entered on our Site.

We will treat all your personal details as confidential and we will only use this information for the following purposes:

a. maintaining your registration
b. for statistical purposes to improve this Site and its services to you
c. to serve website content to you
d. to administer this Site
e. if you consent, to notify you of products or special offers that may be of interest to you
f. if you consent, to send you information by post or email.
We will not release your personal details to any company outside of Swagga & Soul.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal details and /or user information, we are entitled do so.
Please check back frequently to see any updates or changes to our privacy policy. If you require further information about our Privacy Policy, please send an e mail to info@swaggaandsoul.com or write to Swagga & Soul, 2 Dollis Park, Winston House, Finchley, N3 1HF

ELIGIBILITY TO PURCHASE
In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where Swagga & Soul feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. Please refer to our Privacy Policy for further information about how we use your data.

ORDERS
All orders are subject to acceptance and availability.
If there is no stock available, you may register your email address for notification of arrival of the selected merchandise not held in stock. Please email info@swaggaandsoul.com
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.
Please note that items in your shopping basket are not reserved and may be purchased by other customers.

PRICING POLICY
Prices shown on the Site are in GBP and are inclusive of VAT at the applicable rate.
If you are a customer whose credit card is not denominated in Sterling, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.

ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and Swagga & Soul will be completed when we email you to confirm the goods have been despatched. The sale contract is therefore concluded in London, England and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PAYMENT
Payment can be made by Visa, Visa Electron, MasterCard, American Express, Delta, and Maestro debit cards and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Swagga & Soul. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Swagga & Soul, we will not be liable for any delay or non-delivery.

We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Swagga & Soul user, we will securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

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

Please note that we aim to dispatch all orders within 2 working days. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, Swagga & Soul are not responsible for any delays caused by destination customs clearance processes.

If your goods are not currently available they will be dispatched as soon as they come into stock.

UK DELIVERY
All UK orders are shipped by DHL. We aim for you to receive your order within 2-3 working days from dispatch.

Our delivery charge is £10 for all UK delivery addresses.

OVERSEAS DELIVERY
We ship to the following countries: Australia, Austria, Bahrain, Belgium, Bermuda, Brazil, Canada, Channel Islands, China, Cyprus, Denmark, Finland, France, Germany, Greece, Hong Kong, Iceland, Ireland, Israel, Italy, Japan, Jordan, Luxembourg, Korea, Kuwait, Macau, Mexico, Middle East, Monaco, Netherlands, New Zealand, Norway, Portugal, Saudi Arabia, Scotland, Singapore, South Africa, Spain, Sweden, Switzerland, Taiwan, Turkey, United Arab Emirates, United Kingdom, United States.

All Overseas orders are shipped by DHL. We aim for you to receive your order within 4-5 working days. Please note however that transit times depend on the destination country and any delays due to local customs formalities.

The cost for overseas delivery is £20. Any import duties and taxes which are levied once the goods have left us must be borne by the recipient and are outside of our control.

TRACKING YOUR ORDER
If you wish to track your purchase, please email us at info@swaggaandsoul.com and we will either track your shipment for you or email you a tracking number which can be used on the DHL website – www.dhl.com

RETURNS AND EXCHANGES
If, for any reason, you are not happy with your purchases you can return them to us for a refund of the price you paid (less the original postage charge).

Please note we can only exchange items for a different size. If you wish to exchange your item for an alternative style, we suggest that you return it for a store credit and purchase the new item separately.

If you wish to return or exchange any items purchased online, please follow the steps below:

1. Email Info@swaggaandsoul.com within 7 days of receiving you order stating either RETURNS or EXCHANGE in the subject box. Please detail the item you will be returning and the reasons for your return. If you are requesting an exchange, please specify the new size you require. We will then reply to you with a RETURNS REFERENCE NUMBER (RRN) or EXCHANGE REFERENCE NUMBER (ERN).
2. Complete the Return and Exchange Form that you would have received with your order stating your RRN or ERN as this will help speed up the refund or exchange process.
3. Although you may return the goods to us by any secure means, we recommend you do so via DHL as we may not accept liability for returned items that do not reach us. Our address for all returns and exchanges is Swagga & Soul, 2 Dollis Park, Winston House, Finchley N3 1HF.
4. You will be notified by email once your return or exchange has been received and processed.

IMPORTANT INFORMATION
• Please seek to return items for exchange or refund within 14 days of receiving your RRN or ERN number. Returns outside of this timeframe may be accepted at the discretion of Swagga & Soul and depending on the circumstances may only be refunded as a store credit. Please note that RRN or ERN numbers requested after 7 days will also be granted at our discretion.
• We recommend that you send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible.
• Items should be returned in an unused and saleable condition with original tags attached. The items should also be returned with their original packaging to ensure they are adequately protected in transit. Please note we reserve the right to refuse return items if they are damaged or soiled.
• You are responsible for the postage costs incurred when returning or exchanging items.

GIFT RETURNS
If you have received an item as a gift, you may exchange it for Swagga & Soul credit (we will send you a credit reference number) and will be valid for one year. Please be aware that you may need to pay any cost difference, additional shipping, taxes and import duties.

RECEIVING A REFUND
Your refund will either be credited to the original purchaser’s credit card and will exclude shipping costs (with the exception of faulty items) which we deduct to cover the cost of our collection service.
If your order has been sent to a destination within the EU, all VAT will be refunded. Outside the EU, customs duties and sales taxes are non-refundable through Swagga & Soul. However, you may be able to recover these by contacting your local customs bureau directly. Exchanges made to destinations outside of the EU will be submitted to the same customs procedures, therefore applicable for duty and tax again.

FAULTY GOODS
If the products you return are faulty, incorrect or damaged in transit, we will refund you the cost of the return postage, as well as the goods and your original postage and packing charge. Please return the item(s) following the steps above.
If you would like to exchange a faulty item (instead of obtaining a refund), please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund (including the original postage charge).

INTELLECTUAL PROPERTY RIGHTS
All content available on the Site, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of Swagga & Soul, our affiliates, our partners or our licensors, and is protected by UK and international copyright laws. You are permitted to use the Content only as expressly authorised by Swagga & Soul. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties.

The trade marks, logos, and service marks displayed on the Site (collectively, the “Trade Marks”) are the registered and unregistered marks of Matches, our affiliates, our licensors or our partners, in the UK and other countries, and are protected by UK and international trade mark laws. All or any other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

CONTENT
Swagga & Soul tries to ensure that the information on this Site is accurate and complete. Swagga & Soul does not promise that Swagga & Soul’s Content is accurate or error-free. Swagga & Soul does not promise that the functional aspects of the Site or Swagga & Soul’s Content will be error free or that this Site, Swagga & Soul’s Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

YOUR RIGHTS
You have certain rights under the law. These include, in England:

1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
2. Certain remedies if a product is defective; and
3. A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

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

Nothing in the Terms is intended to affect your rights under the law (see “Your Rights” above).

If Swagga & Soul breaches the Terms we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Swagga & Soul at the time of you placing your order, and Swagga & Soul despatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.

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

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

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

OUR RELATIONSHIP
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between you and Swagga & Soul.

GOVERNING LAW
The terms together with all our policies and procedures will be governed by and construed in accordance the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.