Terms of Service
This website is operated by Lindsey Brown resort wear. Throughout the site, the terms “we”, “us” and “our” refer to Lindsey Brown. All information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and ordering from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Online Store Terms | By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Customer Information | We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You agree to accept our terms at the time of purchase: You undertake that the contact details you provide to Lindsey Brown resort wear are correct. You are legally the owner of the debit, credit card, ApplePay or PayPal account, therefore legally allowing you to purchase from this website. You will keep a copy of your purchase for your own records. You are over the age of 18. You agree to return any unwanted goods for a refund or exchange within 14 days of purchase. You will inform Lindsey Brown of any change to the delivery and contact information supplied by you.
Order Contract | By ordering from Lindsey Brown You (the Customer) are accepting to pay for and accept delivery of the goods. On receipt of the order and payment, Lindsey Brown.com agrees to dispatch the goods. Lindsey Brown resort wear reserves the right to cancel purchase orders at our own discretion, for whatever reason. This does not affect your statutory rights. Due to high shipping costs, we reserve the right to cancel single orders of face masks or hair scrunchies when shipping costs are too high. On this basis we would refund you in full.
Payment | Customer payment details are not stored by Lindsey Brown or our website host Shopify.
Exchanges & Returns | We offer a full refund policy within 14 days from purchase date on unwanted purchases for items delivered in the UK. Please see our Exchange & Returns page for further information. Please refer to our Exchanges Policy and Refund Policy for full details on how to send back an order.
Worn Items | On very rare occasions, where customers have knowingly returned items we believe items to have been worn, the goods will be returned to the customer and no refund will apply. Worn items are deemed unfit for resale and we cannot fairly resell items we believe to have been worn.
We follow a strict process to determine if garments have been worn for example garments may have an odour of food, fake tan, sun tan lotion, smoke, perfume, tags may have been taken off and replaced, garments may have been washed. Firstly we will contact the customer to discuss any concerns and if we are not able to settle the matter, the garment will be returned to the customer and no refund will apply.
If necessary, we reserve the right to terminate a customer's account. Any future orders will be cancelled immediately and money refunded. Our worn items policy does not affect your statutory rights.
Fraud | We reserve the right to pass on your data to prevent or detect fraud, detect worn items being returned, to be used or to comply with any court orders, governmental requests or applicable law if and when appropriate. Please refer to our Privacy Page.
By ordering from Lindsey Brown You (the Customer) are accepting to pay for and accept delivery of the goods. On receipt of the order and payment, Lindsey Brown agrees to dispatch the goods. Lindsey Brown resort wear reserves the right to cancel purchase orders at our own discretion, for whatever reason. This does not affect your statutory rights.
Title of Goods | The risk of the goods shall pass to the Customer once the customer accepts delivery. When payment has been received and goods delivered the title of goods shall be passed on to the Customer. Until this time, the title of goods belongs to Lindsey Brown.
Retention of Title | Once full payment has been received, ownership of goods passes over to the Customer. Purchasing from Lindsey Brown Resort wear does not give the Customer any entitlement to own the brand name.
Indemnity | You agree to indemnify, defend and hold harmless Lindsey Brown resort wear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Limited Liability | We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, our products is at your sole risk. The products delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Data Protection | Lindsey Brown Resort wear agrees to abide to the Data Protection Act of 1998, where it relates to this agreement of purchase orders from the website. Lindsey Brown Resort wear advises Customers that all invoices and account information, if held, is kept in a secure environment in Head Office. Lindsey Brown Resort wear advises Customers that data will not be passed onto a third party without your willing consent. All copies of Customer orders can be obtained from Lindsey Brown Resort wear, at the Customers written request.
Customer Conduct | Lindsey Brown Resort wear reserves the right to cancel Customer purchase orders at our own discretion, for whatever reason. This does not affect your statutory rights. You must not use a fraudulent credit or debit card. You cannot use this website to send e-mails or messages or material that is deemed offensive. Anyone found to be using this website for unlawful practices will be prosecuted. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Optional Tools | We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Changes to Terms | You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Governing Law | These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 913a Uppingham Road Bushby Leicester GB LE7 9RR.
Updates | These terms have been updated in the sections Fraud and Worn in May 2023