Terms of service
OVERVIEW
Welcome to Trail & Error! The terms "we", "us" and "our" refer to Trail & Error. Trail & Error operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Trail & Error is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Nothing in these Terms affects your statutory rights as a consumer under UK law.
SECTION 1 - ACCESS AND ACCOUNT
By using our Services, you confirm that you are at least 18 years of age, or that you have the permission of a parent or legal guardian to use this website. If you are purchasing products from our store, you confirm that you are legally capable of entering into a binding contract under the laws of your country of residence.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You confirm that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity carried out through your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make every reasonable effort to provide an accurate representation of our products and services in our online store. However, colours and appearance may vary slightly depending on the device, screen settings and configuration used to view our website.
Nothing in this section affects your statutory rights in relation to goods that are faulty, not as described or otherwise do not conform to the contract.
All descriptions of products are subject to change where reasonably necessary. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region or jurisdiction where appropriate.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Trail & Error reserves the right to accept or decline an order where there is a legitimate reason to do so, including product availability, pricing errors, suspected fraud or inability to fulfil the order.
Your order is not accepted until Trail & Error confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it. As our products are printed to order, we may begin processing your order shortly after it is placed. If you wish to cancel or amend an order, please contact us as soon as possible. This does not affect any statutory cancellation or consumer rights you may have under applicable UK law.
If we do not accept an order, make a change to an order or need to cancel an order, we will attempt to notify you using the email address, billing information or telephone number provided at the time the order was placed.
Your purchases are subject to our Refund Policy, in addition to any statutory rights you may have under applicable UK consumer law.
You confirm that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions may change from time to time. The price charged for a product will be the price displayed at the time the order is placed and will be confirmed in your order confirmation email.
Unless otherwise expressly stated, prices displayed on our UK store include applicable UK taxes. Any delivery charges will be clearly displayed during checkout before you complete your purchase.
We may occasionally offer promotions that are subject to separate terms and conditions. If there is a conflict between the specific terms of a promotion and these Terms, the promotional terms will apply in relation to that promotion.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store and to update your information where necessary.
You confirm that you are authorised to use the payment method provided for your purchase.
SECTION 5 - SHIPPING AND DELIVERY
Every Trail & Error item is printed to order especially for you. This helps reduce waste and ensures your order is freshly produced before being carefully packed and dispatched.
We currently offer the following UK delivery options:
Standard UK Delivery: FREE
Estimated delivery: 3–5 working days.
Express Delivery: £6.99
Estimated delivery: 1–2 working days.
As every item is printed to order, delivery times can vary slightly depending on production and dispatch. The estimates shown at checkout provide the best available guide for your order.
During busy periods, such as Christmas or promotional events, production and delivery may occasionally take a little longer.
Once your order has been dispatched, you'll receive tracking information where available.
If your parcel hasn't arrived within a reasonable time, or arrives damaged, please contact us at hello@trailanderrorclothing.com and we'll investigate with our fulfilment partner.
We'll always do our best to resolve the issue quickly.
Nothing in these Terms affects your statutory rights as a consumer under UK law.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to our trademarks, brand names, text, images, graphics, product reviews, video, audio, designs and the selection and arrangement of such content, are owned by Trail & Error, our licensors or other respective rights holders and are protected by applicable UK and international intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent, except where permitted by law.
Nothing in these Terms grants you any licence or other rights in relation to any patent, trademark, copyright or other intellectual property belonging to Trail & Error or any third party, except as expressly stated.
Trail & Error's names, logos, product and service names, designs and slogans may be trademarks or other intellectual property of Trail & Error or their respective rights holders and must not be used without appropriate permission.
Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing through the Services are the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services which we do not control or monitor.
Such third-party tools may be provided "as is" and "as available", subject to the applicable third party's own terms and conditions. To the fullest extent permitted by law, Trail & Error is not responsible for issues arising solely from your use of third-party tools that are outside our reasonable control.
Any use of optional third-party tools is at your discretion, and you should ensure that you understand and agree to the relevant third party's terms before using them.
We may in the future offer new features through the Services, including new tools and resources. Such features will also form part of the Services and be subject to these Terms where applicable.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites or services provided or operated by third parties. We are not responsible for the content or accuracy of third-party websites that are outside our control.
If you choose to leave our Services to access a third-party website, you should review that third party's terms, policies and practices before entering into any transaction.
Nothing in this section excludes or limits any liability that cannot lawfully be excluded or limited.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Trail & Error is powered by Shopify, which provides the technology that enables us to operate our online store and provide the Services to you.
However, any sale or purchase you make through our store is made directly with Trail & Error. Shopify is not the seller of the products you purchase from Trail & Error.
Nothing in this section excludes or limits any rights or remedies you may have under applicable law.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy, which is available through the Privacy Policy link in the footer of our website.
Because our store is hosted by Shopify, Shopify may collect and process certain personal information relating to your access to and use of the Services in order to provide and improve its services.
Information submitted through the Services may be transmitted to and processed by Shopify and other service providers, including providers located outside the country in which you reside, where necessary to provide the Services.
Please review our Privacy Policy for more information about how we, Shopify and our service providers collect, use and protect personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals or other content relating to our Services ("Feedback"), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback where reasonably necessary to operate, improve and promote our Services.
You confirm that you own or have the necessary rights to submit any Feedback and that your Feedback does not infringe the rights of any third party or contain unlawful, abusive, defamatory, obscene or malicious content.
You remain responsible for the accuracy and legality of any Feedback you submit.
We may monitor, edit or remove Feedback where we reasonably believe it is unlawful, offensive, misleading, infringes third-party rights or otherwise violates these Terms.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, offers, delivery charges, delivery estimates or availability.
We reserve the right to correct genuine errors, inaccuracies or omissions and to update information where necessary. If an error affects an order you have already placed, we will contact you where appropriate.
Nothing in this section affects your statutory rights as a consumer.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only.
You must not use the Services to:
- engage in unlawful or malicious activity;
- infringe our intellectual property rights or the rights of others;
- harass, abuse, threaten, defame or harm another person;
- transmit false, fraudulent or misleading information;
- distribute spam, malware, viruses or other malicious code;
- impersonate another person or organisation;
- collect or track personal information unlawfully;
- interfere with or circumvent the security or proper operation of the Services; or
- engage in conduct that unlawfully restricts or inhibits another person's use of the Services.
We reserve the right to suspend or terminate access to the Services where we reasonably believe these Terms have been materially breached.
SECTION 14 - TERMINATION
We may suspend or terminate your access to the Services where reasonably necessary, including where you materially breach these Terms, misuse the Services or engage in unlawful or fraudulent activity.
You will remain liable for any amounts properly due up to the date of termination.
Any provisions which by their nature should continue after termination will remain in effect, including provisions relating to intellectual property, liability, privacy and governing law.
SECTION 15 - DISCLAIMER OF WARRANTIES
We make every reasonable effort to ensure that our website and Services are accurate, secure and available. However, we cannot guarantee that the website will always operate without interruption or be completely free from errors.
Information provided through the Services is for general information purposes and should not be relied upon where professional advice is required.
Nothing in these Terms excludes or limits your statutory rights under applicable consumer protection laws, including your rights in relation to goods that are faulty, not as described or otherwise do not conform to the contract.
SECTION 16 - LIMITATION OF LIABILITY
Nothing in these Terms of Service excludes or limits our liability where it would be unlawful to do so. This includes liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any rights you have under applicable UK consumer protection laws.
Subject to the above, Trail & Error shall not be liable for indirect or consequential losses that were not reasonably foreseeable when the contract was formed.
Where you are acting as a consumer, we are responsible for losses you suffer that are a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.
Nothing in this section affects your statutory rights as a consumer.
SECTION 17 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to be responsible for losses, damages, liabilities or reasonable legal costs incurred as a direct result of your material breach of these Terms, your unlawful use of the Services or your infringement of the rights of a third party.
Nothing in this section requires you to indemnify us for losses caused by our own negligence, breach of contract or unlawful conduct, and nothing in this section affects your statutory rights as a consumer.
SECTION 18 - SEVERABILITY
If any provision of these Terms is found by a court or other competent authority to be unlawful, invalid or unenforceable, that provision will be treated as modified to the minimum extent necessary to make it valid and enforceable or, where that is not possible, severed from these Terms.
The remaining provisions will continue in full force and effect.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
If we fail to exercise or enforce any right or provision of these Terms, this does not constitute a waiver of that right or provision.
These Terms, together with any policies or operating rules posted on our website and incorporated by reference, constitute the agreement between you and us regarding your use of the Services.
Nothing in these Terms limits or excludes liability for fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded.
SECTION 20 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where permitted by law.
We may transfer our rights and obligations under these Terms to another organisation where permitted by law. If such a transfer materially affects your rights as a consumer, we will notify you where required.
SECTION 21 - GOVERNING LAW
These Terms of Service are governed by and interpreted in accordance with the laws of England and Wales.
If you are a consumer resident elsewhere in the United Kingdom, you may also have rights under the laws applicable to your place of residence.
Any dispute arising in connection with these Terms or your use of our Services will be subject to the jurisdiction of the courts of England and Wales, except where applicable consumer law gives you the right to bring proceedings in another jurisdiction.
SECTION 22 - HEADINGS
The headings used in these Terms are included for convenience only and do not limit or otherwise affect their meaning.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We may update these Terms from time to time by publishing an updated version on our website.
Where required by applicable law, we will notify you of material changes. Any changes will take effect from the date specified in the relevant notice or, where no date is specified, from the date the updated Terms are published.
Changes to these Terms will not retrospectively alter the terms applicable to an order already placed, unless required by law or expressly agreed with you.
SECTION 24 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at:
Trail & Error
Trail & Error is an independent UK clothing brand based in South Wales, operated by David Thomas trading as Trail & Error.
Email: hello@trailanderrorclothing.com
We aim to respond to all enquiries within one working day.