Terms of sale

These Terms and Conditions of Sale govern the supply of all Goods by the Company to the Customer. By placing an Order, the Customer acknowledges that it has read, understood and accepted these Terms in their entirety, and agrees to be bound by them.

1. Definitions and interpretation

In these Terms, the following expressions shall bear the following meanings:

• "the Company", "we", "us" and "our" mean RK PURITY APPARELS🛍️, trading as RK PURITY APPARELS🛍️, whose registered office is at Compton, CA, 90220.
• "the Customer", "you" and "your" mean the person placing an Order, whether as a guest or as the holder of an Account.
• "the Website" means www.ramkthrift.space and every page forming part of it.
• "Goods" means the articles of apparel and any other items offered for sale upon the Website.
• "Order" means an instruction submitted by the Customer to purchase Goods.
• "Contract" means the agreement formed between the Company and the Customer in accordance with the clause headed "Formation of the Contract" below.
• "Account" means a registered user profile upon the Website.

In these Terms, the singular includes the plural and the plural the singular; headings are inserted for convenience only and shall not affect construction; and any reference to a statute includes that statute as amended, extended or re-enacted from time to time.

2. Scope and application

These Terms apply to every Contract for the sale of Goods by the Company to the Customer, to the exclusion of all other terms, including any terms which the Customer may purport to apply or which may be implied by trade custom, practice or course of dealing.

These Terms are to be read together with the Company's Privacy Notice and its Returns Policy, each of which is incorporated herein by reference. In the event of conflict between these Terms and any other document, these Terms shall prevail save where the law provides otherwise.

3. Acceptance of these Terms

The Customer accepts these Terms upon the submission of an Order and, separately and additionally, upon the creation of an Account.

The version of these Terms applicable to any Contract shall be the version published upon the Website at the time the Order was submitted. No subsequent amendment shall have retrospective effect upon a Contract already formed.

4. Capacity of the Customer

The Customer warrants that it has attained the age of legal capacity to enter into a binding contract in its jurisdiction of residence, and that it is acting either on its own behalf or upon the express authority of the person for whom the Goods are intended.

The Company reserves the right, in its absolute discretion, to decline any Order. Grounds upon which the Company may decline include, without limitation, unavailability of the Goods, failure to verify payment, inability to deliver to the address specified, or reasonable suspicion of fraudulent activity. Where an Order is declined, no sum shall be taken from the Customer, and any sum taken shall be refunded forthwith.

5. Accounts

The creation of an Account is optional and is not a condition of purchase.

Where an Account is created, the Customer undertakes as follows:

• To maintain the confidentiality of its password and to notify the Company without delay upon becoming aware that it may have been disclosed to a third party.
• To accept responsibility for all activity undertaken through the Account until such notification is given.
• To maintain a current electronic mail address, to which all confirmations, invoices and dispatch notifications shall be sent.

The Customer may close its Account at any time upon request. The Company may suspend or terminate an Account where it is used in furtherance of fraud, for the abuse of the Company's personnel, or in breach of these Terms. The Company shall state its grounds save where to do so would facilitate the commission of an offence.

6. Descriptions, colour and sizing

The Company exercises reasonable care to describe and photograph the Goods accurately. The Customer acknowledges, however, that the reproduction of colour upon an electronic display varies between devices and that minor variation between the image displayed and the Goods supplied does not of itself constitute a defect. The Company shall nonetheless treat any such variation as proper grounds for return.

Sizing follows the size guide published upon the Website. Where an item is known to depart from that guide, a statement to that effect appears upon its product page. Measurements stated are measurements of the garment and not of the wearer, save where expressly stated otherwise.

7. Prices

All prices are stated in USD. Tax and delivery charges are displayed separately at checkout prior to the submission of the Order, such that the sum presented for acceptance is the sum which shall be charged.

The price applicable to any Order is the price displayed at the moment of submission. Notwithstanding the foregoing, where a price is manifestly erroneous and such error would have been apparent to a reasonable person, the Company shall not be obliged to supply at that price; in such event the Company shall notify the Customer, who may elect to confirm the Order at the correct price or to cancel it and receive a full refund.

The Company does not maintain a permanent reduction against a notional former price. Where Goods are offered at a reduced price, the price stated as the former price is a price at which those Goods were genuinely offered.

8. Taxes, duties and import charges

Tax, where applicable, is displayed at checkout.

In respect of Goods despatched beyond US, any import duty, customs charge or local tax is levied by the destination jurisdiction, is payable by the Customer, and is outside the knowledge and control of the Company. The Company is unable to state such charges in advance.

Where a consignment is refused at customs and returned to the Company, the Company shall refund the price of the Goods. The Company shall not be obliged to refund carriage already expended, nor any duty which it has not received.

9. Formation of the Contract

The addition of Goods to a basket constitutes neither an Order nor a reservation, and confers no rights upon the Customer.

A Contract is formed only upon receipt of payment by the Company and the issue to the Customer of a confirmation. Until such confirmation is issued, no Contract subsists and neither party is under obligation to the other.

Stock may be reserved for the Customer during the payment process for a limited period. Upon the expiry of that period without completion, the reservation lapses and the Goods are returned to general availability.

10. Payment

Payment falls due in full upon the submission of the Order and not upon despatch.

The Company accepts the methods of payment displayed at checkout. Card payments are processed upon a page hosted by the Company's payment service provider, and card details are not transmitted to, nor stored upon, the Website or its server.

The Customer acknowledges that the descriptor appearing upon its statement may be that of the payment service provider. Where the Customer does not recognise a charge, it shall enquire of the Company before initiating a chargeback.

11. Declined and failed payments

A declined payment does not constitute an allegation against the Customer. Issuing banks decline transactions for reasons which are not disclosed to the Company, and transactions presented internationally are declined with greater frequency than domestic transactions.

Where payment fails, no sum is taken and no Contract is formed. The Customer may re-present the same instrument, present another, or request an alternative method of payment.

Where payment has been taken but the Order has not completed, the Customer shall notify the Company, which shall refund the sum. The Company additionally monitors for such occurrences of its own motion.

12. Availability

The Company offers for sale only such Goods as it holds, and availability displayed upon the Website is availability at the time the page was generated.

Where the Company is unable to fulfil an Order, it shall notify the Customer, offer a suitable alternative where one exists, and refund in full where none does. The Company shall not substitute Goods of a different description without the prior agreement of the Customer.

13. Delivery

The Company shall despatch within 2-3 from Compton, CA. Transit thereafter is effected by the carrier.

Delivery estimates are given in good faith and are estimates only. They do not constitute a term of the Contract, and time shall not be of the essence in respect of delivery.

Standard carriage is charged at $6.90 and is supplied without charge upon Orders exceeding $75. Expedited services and their respective charges are displayed at checkout.

The Customer shall:

• Furnish a delivery address at which the consignment may be received. The Company accepts no liability in respect of a consignment correctly delivered to an address incorrectly supplied.
• Notify the Company promptly of any error in the address. Prior to despatch such an error may ordinarily be corrected; thereafter it ordinarily may not.

Where delivery is attempted and no person is present to receive the consignment, the carrier's own terms shall govern the subsequent handling of that consignment.

14. Risk and title

Risk in the Goods shall pass to the Customer upon delivery to the address specified in the Order.

Title in the Goods shall pass to the Customer upon delivery, payment having been received in full prior to despatch.

15. Non-delivery

Where a consignment does not arrive, the Customer shall notify the Company.

The Company shall make enquiry of the carrier and, where the consignment is established to have been lost in transit, shall at the Customer's election either despatch a replacement or refund the price in full. The Company may require written confirmation of non-delivery, such confirmation being required of it by the carrier.

16. Cancellation prior to despatch

The Customer may cancel any Order prior to despatch, for any reason or for none, by notice to the Company, and shall receive a refund in full.

Following despatch, a purported cancellation shall be treated as a return and shall be governed by the clause headed "Returns" below.

17. Returns

The Customer may return Goods within 30 days of delivery, provided that the Goods are unworn, bear their original tags, and are in a condition in which they may be offered for resale.

The foregoing is a contractual right conferred by the Company and operates in addition to, and does not derogate from, any right conferred upon the Customer by law. For the avoidance of doubt, Customers resident in the United Kingdom or the European Union enjoy a separate statutory right to cancel a distance contract within fourteen days of delivery, which right subsists irrespective of anything stated herein.

Certain Goods are not returnable once unsealed, for reasons of hygiene. Such Goods are identified as such upon their product pages prior to purchase.

The cost of return carriage shall be borne by the Customer, save where the Goods were defective, were not as ordered, or were damaged in transit, in which event it shall be borne by the Company.

18. Refunds

Refunds shall be made to the method of payment by which the Order was paid. The Company is unable to remit a refund by any other means.

The Company shall effect a refund upon receipt and inspection of the returned Goods, and shall endeavour to do so upon the same day. The period thereafter before the sum appears to the credit of the Customer is determined by the Customer's own payment provider and is commonly several working days.

The Company shall refund the price of the Goods and, where the entirety of an Order is returned, the standard delivery charge paid. The Company shall not be obliged to refund the additional cost of an expedited delivery service which was in fact supplied.

19. Defective Goods

Where Goods are defective, the Customer shall notify the Company, which shall at the Customer's election and so far as is practicable effect a repair, supply a replacement, or refund the price.

The statutory rights of the Customer in respect of defective Goods subsist in full and are not diminished by any provision of these Terms. Within the United States such rights vary by State; within the United Kingdom and the European Union they subsist for the period prescribed by statute.

Fair wear and tear arising from ordinary use does not constitute a defect. Premature failure of construction does.

20. Reviews and submissions

Where the Customer submits a review, it warrants that the review is its own honest opinion of the Goods and that it is not defamatory, abusive, or such as to identify a third party.

The Company publishes reviews both favourable and unfavourable. The Company does not amend the substance of a review, does not author reviews, and does not procure the authorship of reviews by any other person.

The Customer grants to the Company a non-exclusive, royalty-free licence to reproduce such review upon the Website in association with the Goods to which it relates.

21. Acceptable use of the Website

The Customer shall not attempt to gain unauthorised access to the Website, impose an unreasonable load upon its infrastructure, extract its contents systematically, or employ it in the transmission of unsolicited communications.

The Customer shall not reproduce the Company's photography or written content as its own.

Nothing in this clause restricts the Customer from browsing the Website, sharing a link to any page of it, or purchasing such Goods as it wishes.

22. Intellectual property

All photography, written description, trade marks, logos and the design of the Website are and shall remain the property of the Company or its licensors.

Title in the Goods passes to the Customer in accordance with the clause headed "Risk and title"; no licence in respect of the Company's intellectual property is granted thereby.

23. Force majeure

Neither party shall be liable for any failure or delay in the performance of its obligations arising from any cause beyond its reasonable control, including industrial action, adverse weather, interruption of power or telecommunications, failure of a carrier, failure of a payment network, or the act of any governmental authority.

Where such an event delays an Order, the Company shall notify the Customer, who may cancel and receive a refund in full. Where such an event continues such that performance is rendered futile, the Company shall cancel and refund without the requirement of a request.

24. Limitation of liability

The Company shall be liable for loss which arises naturally and in the ordinary course from its breach.

The Company shall not be liable for loss which was not reasonably foreseeable, for loss of profit, business, contract or anticipated saving, or for loss arising from inaccurate information supplied by the Customer. The aggregate liability of the Company in respect of any Order shall not exceed the sum paid by the Customer in respect of that Order, save to the extent that such limitation is prohibited by law.

Nothing in these Terms shall operate to exclude or restrict liability for death or personal injury arising from negligence, for fraud or fraudulent misrepresentation, or for any other liability which may not lawfully be excluded or restricted.

25. Severance and waiver

Where any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

No failure or delay by the Company in exercising any right shall operate as a waiver of that right, nor shall any single or partial exercise preclude any further exercise.

26. Variation

The Company may amend these Terms from time to time. The version applicable to any Contract is the version published at the time the Order was submitted.

Where an amendment is material and the Customer holds an Account, the Company shall give notice by electronic mail rather than rely upon the Customer's re-reading of this page.

27. Governing law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them, their subject matter or their formation, shall be governed by and construed in accordance with the law of the State of California, United States, and the courts of that jurisdiction shall have jurisdiction to settle any such dispute or claim.

Nothing in this clause shall deprive a Customer resident in the United Kingdom or the European Union of the protection afforded by the mandatory consumer law of its place of residence, nor of the right to bring proceedings before the courts of that place.

28. Complaints and communication

Any complaint shall in the first instance be addressed to the Company at support@ramkthrift.space.

The Company shall acknowledge and investigate. The exhaustion of this procedure is not a condition precedent to the exercise of any right, and nothing herein restricts any remedy otherwise available to the Customer at law.