PRIVACY POLICY
Helgem is committed to respecting the privacy rights of online visitors to our Site. Helgem also recognizes the importance of protecting information collected about you. While visiting the Helgem site, we may ask you to register and/or provide information that personally identifies you, including but not limited to any name, address, telephone number, email address, birth date, credit card or payment information, or other information that could be used to contact you or any other identifying information that you may disclose to Helgem for purposes of interacting with our site, including, for example, when you ask for information, enter a contest, order our products, or download material “Personal Information”. If you choose to provide Helgem with your Personal Information, it will permit us to make your use of our site and services more enjoyable. Helgem uses your Personal Information to help you quickly find goods, services, or information on the site.
In order to comply with anti-spam standards, we collect IP addresses for all contact from submittals. Helgem may also track the domains from which this site is visited and use that data to analyze for trends and statistics for our own internal business purposes.
There is a technology called “cookies” which can be used to provide you with tailored information from a web site. A cookie is an element of data that a web site can send to your browser which may then store it on your system. Some Helgem pages may use cookies so that we may better serve you when you return to our site. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it.
Helgem may also track the domains from which this site is visited and use that data to analyze for trends and statistics for our own internal business purposes. Helgem may also aggregate such information and make it available to others as part of its business; however, Helgem will not identify you when providing such information. If you choose not to have your Personal information used as a basis for further contact with Helgem or one of its business partners, you may “opt out.” If you choose not to give us your Personal information, you can still use most of this site. You merely will not be able to access areas that require registration. We occasionally provide your name and postal address but not your email address to a select group of companies whose products you may find of interest. If you do not want us to share this information with these companies, we can add your name to our “do-not-share” list. Please contact us for more information. Helgem reserves the right to make exceptions, such as when we believe that an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities.
UK PRIVACY POLICY
HELGEM CLOTHING
Our terms
1. These terms
What these terms cover
1.1. These are the terms and conditions on which we supply products to you. Why you should read them
1.2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
1.3. These terms apply solely to customers purchasing products in the UK. If you are purchasing products from any other country then other terms may apply.
2. Information about us and how to contact us
Who we are
2.1. We are HELGEM LTD a company incorporated in the state of California, USA. Our registered office is at HELGEM LTD, 73 Lyal Rd, Bow, London E3 5QQ, UK.
How to contact us
2.2. You can contact us by calling our customer service team at +44 752-854-3286 or by writing to us at https://www.hokabestseller.com/pages/contact-us or HELGEM LTD, 73 Lyal Rd, Bow, London E3 5QQ, UK.
How we may contact you
2.3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Writing includes emails
2.4. When we use the words writing or written in these terms, this includes emails.
3. Our contract with you
Your obligations
3.1. By placing an order you are confirming that you can enter legally binding contracts (i.e. you are aged 18 or over) or, if you are under 18, that your parent or legal guardian has given their consent to enter this contract on your behalf. You also confirm that you are authorised to use the payment method provided for that order.
How we will accept your order
3.2. You place an order by submitting an order, choosing your shipping method and confirming your payment details via our website.
3.3. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order
3.4. If we receive but are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
Your order number
3.5. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
Products may vary slightly from their pictures
4.1. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.
4.2. Although we have made every effort to be as accurate as possible, all sizes, dimensions and measurements indicated on our website differ slightly from the product you receive.
Making sure your measurements are accurate
4.3. You are responsible for ensuring that your measurements are correct and you submit an order for products in the required size. You can find information and tips on how to measure on our website or by contacting us.
Prices
4.4. Please note that the prices listed on our websites are only applicable for items purchased via website and not through any other source.
4.5. We reserve the right to increase prices at any time but this will not affect any orders which have already been accepted.
5. Our rights to make changes
Minor changes to the products
5.1. We may change any product after an order has been placed:
5.1.1. to reflect changes in relevant laws and regulatory requirements; and
5.1.2. to implement minor technical adjustments and improvements.
More significant changes to the products and these terms
5.2. In addition, we may make material changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6. Promotional codes
6.1. From time to time we may issue certain promotional codes. Each promotional code will be subject to its own terms and conditions which will be provided at the relevant time. All promotional codes are issued and may be retracted at our discretion.
6.2. If you are given a promotional code which is unique or is meant just for you then you must not share this code with anyone else or abuse the use of this code in any way. If we suspect there is or has been misuse of a promotional code in any way (for example, selling it to others), we can cancel your promotional code and may suspend or cancel any order placed using this promotional code.
7. Providing the products
Delivery costs
7.1. The costs of delivery will be as displayed to you on our website. You will choose your delivery method prior to placing your order.
When we will provide the products
7.2. During the order process we may provide you with an estimate of the date that we will provide the products to you. Such dates are estimates only and, save in accordance with clause 7.4, you will not have the right to receive a refund if we do not meet any estimated delivery date.
7.3. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. We will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order.
7.4. If we miss the delivery deadline stated in your order confirmation then you may treat the contract as at an end straight away only if we have refused to deliver the goods. If we fail to deliver the goods within 30 days of your order confirmation then you may treat the contract as at an end.
We are not responsible for delays outside our control
7.5. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If you are not at home when the product is delivered
7.6. If no one is available at your address to take delivery and the products cannot be posted through your letterbox or left in other safe space, our delivery carrier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
If you do not re-arrange delivery
7.7. If, after a failed delivery to you, you do not rearrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
Ending the contract for late delivery
7.8. If you do choose to treat the contract as at an end for late delivery under clause 7.4, you can cancel your order for any of the goods or reject goods that have been delivered. We will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
When you become responsible for the goods
7.9. A product will be your responsibility from the time we deliver the product to the address you gave us.
When you own goods
7.10. You own a product once we have delivered the products to you (or, if later, on the date you make payment for the product in full).
We may suspend supply of the products if you do not pay
7.11. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of all future orders to your account (or to the payment method used on any unpaid order) until you have paid us the outstanding amounts. As well as suspending the future supply of products we can also charge you interest on your overdue payments (see clause 12.5).
8. Your rights to end the contract
8.1. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1. if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;
8.1.2. if you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2; or
8.1.3. if you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
If you do not have the right to end the contract in accordance with clauses 8.1.1 to 8.1.3, or otherwise under this contract or pursuant to your legal rights, then you will not be able to end this contract and we will not offer any refunds.
Ending the contract because of something we have done or are going to do
8.2. If you are ending a contract for a reason set out at clauses 8.2.1 to 8.2.5 below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1. we have told you about a material change to the product or these terms which you do not agree to (see clause 5.2);
8.2.2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3. there is a risk that supply or delivery of the product may be significantly delayed because of events outside our control;
8.2.4. we have suspended supply of the product you have ordered for a period of more than 30 days; or
8.2.5. you have a legal right to end the contract because of something we have done wrong including because we have delivered late.
Exercising your right to change your mind (Consumer Contracts Regulations 2013)
8.3. For most products bought online you have a legal right, starting from the date you place your order, and ending 14 days after you receive the goods, to cancel the contract, return the goods (if delivered) and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms and we refer to them in these terms as ‘changing your mind’.
When you don’t have the right to change your mind
8.4. You do not have a right to change your mind in respect of:
8.4.1. any products which are sealed for hygiene purposes (and the seal has been broken or hygiene liner removed);
8.4.2. any products made to your specification (or altered to your specification); or
8.4.3. any products which become mixed inseparably with other items after their delivery.
8.5. If an item is returned to us worn, used, damaged or in an unsaleable condition, we won’t be able to give you a refund and we may have to send it back to you and ask you to cover the delivery costs. Alternatively, we (at our sole discretion) may choose to reduce your refund to reflect any reduction in the value of an item in accordance with clause 9.7.
9. How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract
9.1. To end the contract with us, please let us know by doing one of the following:
9.1.1. Phone or email. Call customer services on +44 752-854-3286 or email us at https://www.hokabestseller.com/pages/contact-us. Please provide your name, home address, details of the order and, where available, your phone number and email address;
9.1.2. By post. Print off the form set out in Schedule 1 and post it to us at the address on the form, or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
Returning products after ending the contract
9.2. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please see our returns process at our Online Return Policy. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. If we are obliged to pay the costs of returning the products we will pay the costs directly or reimburse you the costs.
When we will pay the costs of return
9.3. We will pay the costs of return:
9.3.1. if the products are faulty or misdescribed; or
9.3.2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
9.4. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
What we charge for collection
9.5. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
How we will refund you
9.6. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind 9.7. If you are exercising your right to change your mind:
9.7.1. we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
9.7.2. the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within three to five days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
When your refund will be made
9.8. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
9.8.1. if the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2; and
9.8.2. in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
We may end the contract if you break it
10.1. We may end the contract for a product at any time by writing to you if:
10.1.1. you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
10.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
10.1.3. you do not, within a reasonable time, allow us to deliver the products to you.
You must compensate us if you break the contract
10.2. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If there is a problem with the product
How to tell us about problems
11.1. If you have any questions or complaints about the product, please contact us. You can write to us at https://www.hokabestseller.com/pages/contact-us.
Summary of your legal rights
11.2. Nothing in these terms will affect your legal rights.
11.3. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
11.3.1. up to 30 days: if your goods are faulty, then you can get an immediate refund;
11.3.2. up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases; and
11.3.3. up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
Your obligation to return rejected products
11.4. If you wish to exercise your legal rights to reject products as set out in clause 11.3 you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
12. Price and payment
Where to find the price for the product
12.1. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
We will pass on changes in the rate of VAT
12.2. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong
12.3. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay
12.4. You must pay for the products before we dispatch them. We will charge your credit or debit card when we dispatch the products to you. Your card may show an authorisation charge prior to the payment being made.
TAE27093470v4 7 075402669
12.5. We offer customers the opportunity to pay for products using Klarna. If you pay using Klarna, such payment will subject to additional terms between you and Klarna, available at https://www.klarna.com/uk/terms-and-conditions. See https://www.klarna.com/uk/customer-service for further information about Klarna. For more information about how Klarna will handle your personal data see their Privacy Policy, available at: https://www.klarna.com/uk/privacy-notice. Please note that we are not liable for any actions or omissions of Klarna. If you choose to pay via a third party provider you are still responsible for ensuring that all payments are made by their applicable due date.
We can charge interest if you pay late
12.6. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong
12.7. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us
13.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so
13.2. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses
13.3. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Liability limit
13.4. Save as set out in clauses 13.1 or 13.2, our total liability to you including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise in respect of any order will be limited to 200% of the cost of the products contained within that order. In no circumstances will be liable for any losses caused by you.
14. How we may use your personal information
We will only use your personal information as set out in our UK Privacy Policy.
15. Other important terms
We may transfer this agreement to someone else
15.1. We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee)
15.2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract (except someone you pass your guarantee on to)
15.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force
15.4. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
15.5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings
15.6. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.