These terms and conditions (together with the information and policies contained in the "Customer Care" 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 31PhillipLim.com (Website or Site), the purchase of your products from 3.1 Phillip Lim Retail, LLC, a New York limited liability company whose principal office is at 225 Liberty St., Floor 33, New York, New York 10007], (“3.1 Phillip Lim”, 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.
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 placed with us prior to such change.
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
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 unauthorized 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
The Website is owned by 3.1 Phillip Lim. 3.1 Phillip Lim 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 3.1 Phillip Lim to enable the operation of the Website and for you to search through the Website and purchase products from 3.1 Phillip Lim. 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 or prior to checkout and your purchase of the products.
The Products are owned and sold on the Website by 3.1 Phillip Lim. 3.1 Phillip Lim 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 colors accurately reflects the colour of the Products.
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. We reserve the right to refuse orders for any reason without explanation. Neither 3.1 Phillip Lim 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 "Place Order" 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 “Place Order” 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 shipped (Ship Confirmation). The contract between you and us in relation to the Product(s) ordered (Contract) will only be formed when we send you the Ship 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 shipping we have confirmed in the Ship Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the shipping of such Product(s) has been confirmed in a separate Ship Confirmation.
All items are available to ship unless it is a pre-order item. All pre-order items have an estimated ship date, which indicates the date that the item will ship out from the warehouse, but these items may arrive sooner or later than specified. Credit cards are charged at the time of the pre-order, subject to our usual fraud checks. Estimated shipping date is published online. 3.1 Phillip Lim is not liable for delays, cancellations or changes to pre-ordered items made during production. If a pre-ordered item will not ship out by the estimated shipping date, the customer will be notified and, at the customer’s election, either refunded in full or provided with an updated estimated shipping date. If an order includes both available and pre-ordered items, at least two separate deliveries will be most likely made to the customer.
Your order will be fulfilled by the delivery date set out in the Ship Confirmation or, if no delivery date is specified, then within 30 days after the date of the Ship 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/region that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.
Deliveries are made by a trusted courier and take place on Monday to Friday (or other normal working week days in countries/regions 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, 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/region 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.
If you are shipping to US, prices do not include sales tax and delivery costs, both of which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping bag, and have indicated your shipping address and selected your delivery method.
If you are shipping to Europe, 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 bag and have selected your delivery method.
Prices and delivery costs are liable to change at any time. 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. Prices listed on product pages are for informational purposes only and may be changed by 3.1 Phillip Lim at its own discretion without notice. In the event a product is listed at an incorrect price, 3.1 Phillip Lim has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or the customer card charged. If customer card has already been charged for the purchase and the order is canceled, 3.1 Phillip Lim will issue a refund on the customer card.
Payment for all orders must be made by credit card, debit card, virtual gift card, or store credit 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 authorize payment for any reason. We also carry out a standard pre-authorization check on your payment card, and Products will not be shipped until this pre-authorization 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, unless otherwise specified 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.
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, unaltered, undamaged and unused with their original tags;
- Products must be returned in the original packaging, including any boxes, hangers. Any designer packaging such as authenticity cards, dust bags, and leather tags must also be returned as they are considered part of the product.
- Footwear and accessories must be returned unmarked and unscuffed in the original undamaged boxes provided and inside a protective shipping box;
- If the Product comes with a security tag this should be left on;
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 return or cancel a contract for the supply of any of the following Products:
- Any items marked Final Sale if the order was shipped to a country not in the EU or EEA.
- Any Products that have been personalized, monogrammed, or made to your own bespoke specifications (see Returns and refunds for customized Products below for more information);
- Any bodysuits, swimwear or lingerie;
- Fragrance, cosmetics, or beauty products.
- Shipping and handling charges, unless item is damaged, or we have shipped you an incorrect item.
If you are a client shopping in an EU or EEA country and would like to initiate a return, and it has not exceeded 14 days, please contact our Client Services team to book your return.
Returns and refunds for customized Products
Personalized, monogrammed, or bespoke Products are final sale, and not eligible for refunds. Please note, that personalized and/or customized 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.
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.
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/region to which your order was delivered.
If you are a client shopping in an EU or EEA country and would like to initiate a return, and it has not exceeded 14 days, please contact our Client Services team to book your return.
To book a free returns pick-up:
- Log in to ‘My Account’ at 31philliplim.com.
- Go to ‘Order History’ and find the order you would like to return and select ‘Return Order’.
- Within the order summary, select the item(s), reason and number of packages to return.
- Select the Products you would like to return and follow the steps to schedule a pick-up time and address.
- Upon confirmation of your return details you will be supplied with a Returns Invoice and a Return Shipping Label.
- You will be e-mailed your Returns Merchandise Authorization (RMA) number, confirmation of your collection time and address, a booking reference number and returns documents.
- 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.
Please note that you have 30 days to contact us upon the pickup of your return to ensure that we have acknowledged it and received the Product. If you contact us after this 30 days period, we cannot guarantee a refund.
If you are returning from Europe, Asia, Africa, Oceania and Central and South America, you will be using DHL services. When booking your return on the website, follow the steps to schedule a suitable pick-up time and confirm your collection address. Our DHL carrier will pick up your shipment at the place and time that best suits you. Print three copies of the Returns Invoice - one copy to be included inside your package, and two copies to be placed inside the clear pouch affixed to the outside of your return box. Leave the clear pouch unsealed until the courier has arrived and checked the contents. Print two copies of the Return Shipping Label - one copy to be attached to the outside of the returning package, and one copy to be given to your courier. Leave your package unsealed until the courier has arrived and checked the contents.
We will e-mail you with your Returns Merchandise Authorization (RMA) number, confirmation of your collection time and address, a booking reference number and returns documents."
If you placed your order using guest checkout, please contact our Client Services team to book your return.
Consumer Contracts Regulation
If you are shipping to a country in the European Union, you may 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 organization and cost of returning the Product(s) to us. Please note that if you chose a premium or express shipping service, you will only be refunded for standard delivery. 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 firstname.lastname@example.org or by telephone at +1 213-429-7864, 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.
Complimentary Returns in Store
You are able to make returns purchased via our website to any of our retail stores. Please make sure you retain all original packaging, including outer packaging, to use if returning the goods. You will need to provide proof of purchase (E-receipt). Should your return comply with our Return Policy, you will receive a confirmation email as soon as the refund for your return has been processed.
At the moment the service is available in any of our flagship retail stores located in New York City, Los Angeles, Waikiki and London.
At this time, we do not accept exchanges. If you need a different color, item or size, we recommend ordering the desired size while it is still in stock and shipping back your return.
All items are quality controlled and checked for faults before they are shipped to customers. Should you receive an item that is not in perfect condition please contact Client Services within 14 days of receiving the item.
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 color, 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 Contact 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, trademarks and logos) are owned by 3.1 Phillip Lim, Farfetch, 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.
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.
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.
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.
You may not transfer or assign any or all of your rights or obligations under any 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 New York law, and you agree that any dispute between you and us regarding them or any Contract will only be dealt with by the state and federal courts in the State and County of New York.
Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to email@example.com, by telephone at +1 213-429-7864 between the hours of 9am to 6pm ET, Monday to Friday or write to us at:
3.1 Phillip Lim
225 Liberty St., Floor 33
New York, New York 10007