TERMS & CONDITIONS
When purchasing from the US you are in agreement with THE LEXINGTON CLOTHING CO.
www.lexingtoncompany.com is a site operated by The Lexington Company AB (publ). We are registered in Sweden under company number 556532-2780 and with our registered office at Sankt Eriksgatan 46A, SE 112 34 Stockholm, Sweden. Our VAT number is SE556532278001. The following terms and conditions will apply between you and The Lexington Company AB (publ), when you buy an item from www.lexingtoncompany.com. The terms do not affect your statutory rights.
• Your contract for purchases made through www.lexingtoncompany.com is with the The Lexington Company AB (publ) and you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale.
• You must be eighteen years old or older to use this site. If you are under eighteen, you may only use this site with agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this site.
• You warrant that all details you provide to www.lexingtoncompany.com for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and there are sufficient funds in your account to cover payment of the product(s) ordered.
• You agree that e-mail can be used as a long-distance means of communication.
• It is a crime to use a false name or a known invalid credit card to order. Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law.
• The Lexington Company AB (publ) reserves the right to end our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:
- You fail to make payment to us when due.
- You breach any of our terms and conditions.
- When requested by us to do so, you fail to provide within a reasonable time frame, enough
information to let us check the accuracy and validity of any information supplied by you, or your
- We suspect you have engaged, or are about to engage, or have way of being involved in fraudulent
or illegal activity on www.lexingtoncompany.com.
Your responsibilities if you break these conditions
You agree that if you break these conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.
How the contract is formed between you and us
• After placing an order, you will receive an e-mail from us (sent to the email address that you have provided when placing your order) acknowledging that we have received your order. 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 subjects to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched. The contract between us will only be formed when we send you the dispatch confirmation.
• The contract will relate only to those products whose dispatch we have confirmed in the dispatch confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate dispatch confirmation.
• When placing an order, you agree that any and all information given is accurate and complete.
• All orders are subject to acceptance and product availability
• Availability information for products is listed on each individual product description. If www.lexingtoncompany.com does not have enough stock to deliver the goods you have ordered, we will refund the amount your have paid so that you can place a new order at another time.
• All prices listed on www.lexingtoncompany.com are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time. All prices include sales tax.
• No contract for the sale of any product will exist between you and www.lexingtoncompany.com until we accept your order by dispatching the product to you. When this happens we will confirm the acceptance by sending you an email.
• The confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including VAT and P&P) your delivery address, and usual delivery times.
• You must check that all the details on the confirmation email are correct and contact us as soon as possible if any details are incorrect.
• If your order has not been accepted, you will receive and email from us telling you the reasons why.
Prices displayed on www.lexingtoncompany.com
For all European countries and the US (Switzerland excluded) prices include Swedish VAT at 25%. All European orders (Switzerland excluded) are shipped on a DDP (Delivery Duty Paid) basis, meaning that taxes and duties are included in the price. Swiss customers will be subjects and responsible to pay delivery duty upon delivery.
• Normally, if products are in stock the delivery time will be around 5 working days from the day you place your order. At busier times the response and delivery time may be extended. Goods will be sent to the address given by you in your order. If you are ordering more than one item your goods may be sent to you in installment if certain items are out of stock.
• Orders to Sweden and Norway are shipped with Postnord Logistics, Bring, Budbee, Instabox and DB Schenker, orders to Denmark are shipped with GLS, Budbee and Postnord Logistics and we use UPS for other European and to the US.
• We do not take responsibility for delays caused by the delivery service. If you do not receive your goods within a reasonable time, please contact our customer service at [email protected] and we will do our best to get your goods delivered to you as soon as possible.
• If your goods cannot be delivered to you after several attempts we reserve the right to charge 10 euro for any costs arising.
• www.lexingtoncompany.com accepts payment by Visa Card, Master Card, Easy Cash/eOLV, Klarna Invoice and PayPal.
• All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
Cancellations, exchanges, returns and refunds
• If you wish to change or cancel an order, please contact our customer service department as soon as you can at [email protected]. We will do our best to make any changes but we cannot guarantee that we will be able to do so as the order may already have been processed. In such cases you may have to wait until you receive the order and fill out the return form enclosed in the package and send it with your returned goods.
• To cancel your contract with us, you must return your products to us within 14 days, beginning on the day after you receive them:
For Norwegian customer please send you return to the following address:
Lexington Store A/S
Steen & Strøm
Nedre Slottsgate 8
For all of our other customers please send your return to the following address:
551 13 Jönköping
• If you cancel your contract in accordance with the clause above and return all of the products to us you will be entitled to a full refund. Any sum debited to us from your credit or debit card will be refunded to the same credit or debit account within 30 days from the day you created the return order, provided the goods you return are in the same condition that they were when delivered to you (i.e. they must be unworn and returned with all labelling and original packaging). You will be liable to any charges incurred when returning the goods to us, unless the return is as a result of an error on our side.
• All products are returned at your own risk. Please make sure that you get a ‘proof of posting’ certificate from your Post Office when posting them.
• It is important for you to know that nothing in these Conditions affects your rights as a consumer. As a consumer you have the benefit of certain warranties implied into the Contract. For example, the Sale of Goods Act 1979 implies a term into the contract that the Products must be of satisfactory quality and fit for purpose.
• We currently do not have the option to make exchanges of products. If you would like to make an exchange please return the goods by following the return procedure and place a new order.
• www.lexingtoncompany.com will not pass on your personal, credit or debit card details to any third party.
• We will never ask for personal details via email.
• We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and description of listed goods, products and services at any time and without notice.
• If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price.
• In the unlikely event that you receive goods which were not what your ordered or which are damaged or defective, or are a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem at [email protected] within 14 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. When we have received the goods and approved your complaint, we will refund the money and return the delivery cost. This provision does not affect your statutory rights.
• We have taken every measure to provide accurate product images for each product for sale on the site. However due to a number of different factors such as Internet browsers, monitor colour contrast etc, we cannot be held responsible or liable for any differences in colour between the image and the actual product.
• The products sold on www.lexingtoncompany.com are provided for private domestic and consumer use only. Accordingly, we don’t accept liability for any indirect loss, consequential loss, loss of date, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from www.lexingtoncompany.com
• We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
• We shall have no liability to you for any delay in the delivery of products ordered or other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of war, flood, fire, labour disputes, strikes lock-outs, riots, civil commotion, malicious damage, explosion, governmental action and other similar events.
• We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website
• To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation right.
• We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
◦ Any economic losses (including without limitation loss of revenues, profits, contacts, business or anticipated savings); or
◦ Any loss of goodwill or reputation; or
◦ Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.
• Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
All rights, including copyright, in the content of the Lexingoncompany.com website is owned and controlled by the Lexington Company AB (publ). In accessing www.lexingtoncompany.com web site, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store, transmit, show, adapt or change in any way the content of the lexingtoncompany.com web pages for any purpose without the prior written permission of the Lexington Company AB (publ).
Third Party information
We can not be held responsible for material displayed on third party websites or any other written material. The only prices that apply for The Lexington Company are those on Lexington material. We can not vouch for the reliability of prices stated on shopping directories or through any other third party.
• If we fail, at any time during the terms of a contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
• A waiver by us of any default shall not constitute a waiver of any subsequent default.
• No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
• These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
• We each acknowledge that, entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other to be implied from anything said or written in negotiation between us prior to such Contract except as expressly stated in these terms and conditions.
• We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract.
Our right to vary these terms and conditions
• We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
• You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to these policies to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Law and Jurisdiction
Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual dispute or claims) will be governed by English law. Any dispute of claim arising out of or in connection with such Contracts or their formation (including non-contractual disputed or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.