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Terms of Service

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OVERVIEW

This website is operated by Last Brand Trading Co Ltd, Company Number 16619341, a company registered in England and Wales, with its registered office at 4 More London Riverside, London, United Kingdom, SE1 2AU (“Quince”). Throughout this website, the terms “we”, “us” and “our” refer to Quince. We offer this website, including all information, tools, products, and services available from this website (our “Service”) to you, the user, provided that you  accept the  terms, conditions, policies and notices stated in these terms and conditions. By visiting this website, you engage in our Service and agree to be bound by these terms and conditions (“Terms of Service” or “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 our Service, 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 Service. If you do not agree to all the Terms of Service, then you may not access this website, use our Service, or purchase any of our products. 

SECTION 1 - GENERAL TERMS

By agreeing to these Terms of Service, you represent that you are at least 18 years old, that you  agree that you have all necessary rights, power, and authority to agree to these Terms, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.

Any new features or tools which are added to the current Service shall also be subject to the Terms of Service, unless we provide otherwise. 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. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Service without express written permission by us.

The use of our Service including without limitation the purchase of our products does not transfer to you any intellectual property owned by us or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with us. All trademarks, service marks, graphics, and logos used in connection with our Service or products are trademarks or registered trademarks of Quince or Quince licensors. Other trademarks, service marks, graphics, and logos used in connection with our Service or our products may be the trademarks of other third parties. Your use of our Service grants you no right or license to reproduce or otherwise use any of our or third-party trademarks.

SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Whilst we endeavour to provide accurate information on our website, errors may occur. We do not guarantee that information made available through our Service is accurate, complete or current. The material within our Service, excluding information about the supply of our products to you or their description, is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material within our Service, excluding information about the supply of our products to you or their description, is at your own risk.

Our Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Service at any time, but we have no obligation to update any information on our site. No specified update or refresh date applied in our Service or on any related website, should be taken to indicate that all information in our service or on any related website has been modified or updated.

Occasionally there may be information within our Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information without prior notice or, by giving you prior notice in writing, cancel orders, if any information in our Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). If we cancel your order, we will refund you any payment you have made in respect of such order. 

SECTION 3 – PRICES, PAYMENTS AND SERVICE

When you place an order, you should receive an acknowledgement email confirming receipt of your order. We only accept your order once payment has been approved. All orders are subject to availability and confirmation of the order price. If there is any issue with your order, we will get in touch with you. 

Occasionally, we may need to refuse or cancel an order or close, block or freeze an account, for example if we have noticed unusual activity on your account. If your account has been blocked and you think we have made a mistake, please contact Customer Care. 

Some payment services we offer may not always be available to select. We may determine not to offer specific payment services based on conditions of use. To continue with your order, you will need to select one of our other payment types at checkout.  

Using Klarna: Klarna’s Pay in 3 /Pay in 30 days are unregulated credit agreements. Borrowing more than you can afford or paying late may negatively impact your financial status and ability to obtain credit. 18+, UK residents only. Subject to status. For Terms and Conditions, click here. Late fees apply. 

Using Clearpay in 4: Clearpay lends you a fixed amount of credit so you can pay for your purchase over 4 installments, due every 2 weeks. Ensure you can make repayments on time. You must be 18+ and a permanent UK resident. Clearpay charges a £6 late fee for each late instalment and a further £6 if it’s still unpaid 7 days later. Late fees are capped at £6 for orders under £24 and the lower of £24 or 25% of the order value for orders over £24. Missed payments may affect your ability to use Clearpay in the future and your details may be passed onto a debt collection agency working on Clearpay's behalf. Clearpay is credit that is not regulated by the Financial Conduct Authority. T&Cs and other eligibility criteria apply at clearpay.co.uk/terms. 

Prices for our products are subject to change without notice, including without limitation the eligibility or availability of any offer or discount of any kind, whether or not such offer or discount was communicated to you by us, through our Service, or through others, but unless expressly stated otherwise in these Terms, changes will not affect any order you have already placed. We reserve the right at any time to modify or discontinue our Service (or any part or content thereof, including without limitation any offer or discount) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Service, but, unless expressly stated otherwise in these Terms, any such changes will not affect any order you have already placed.

All offers, credits, and discounts of all kinds from any sources (within or outside of our Service and/or offered by us or by others) are applicable on their own only and cannot be combined with any other offer, credit, or discount whatsoever.

We undertake no obligation to update, amend or clarify information in our Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our Service or on any related website, should be taken to indicate that all information in our Service or on any related website has been modified or updated.

Unless otherwise expressly promised by us directly and specifically to you (and unless otherwise modified, changed, suspended, or discontinued by us pursuant to our rights under this Section), all offers or discounts you receive from us expire automatically 365 days after your receipt of such offer or discount, provided, however, we reserve the right to allow you to enjoy the benefit of such offer or discount, beyond such time in our sole discretion.

SECTION 4 - ACCURACY OF BILLING AND ACCOUNT 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 email 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.

For more detail, please review our Return Policy.

SECTION 5 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control/input.

Such optional third party tools are owned and controlled by third parties and we cannot therefore provide any guarantees in relation to such third party tools. By using such third party tools, you acknowledge and agree that we provide access to such tools "as is” and “as available”.  We shall have no responsibility in relation to your use of optional third-party tools.

Any use by you of optional third party tools offered through our Service 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 our Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 6 - THIRD-PARTY LINKS AND YOUR INFORMATION

Our Service may contain links to third-party websites. We are not responsible for their content, products, services, or practices - please review their policies before making any purchase. Any complaints about third-party products should be directed to that third party.

Some links may be affiliate links, meaning we may earn a commission if you make a purchase through them. This doesn't affect our liability for those third parties.

We may offer you an Affiliate Credit against your purchases with us, equal to or different from the commission we receive. Affiliate Credits are a voluntary marketing offer - not a contractual obligation or compensation for any action you take.

To qualify for an Affiliate Credit, you must:

  • Have accepted non-essential cookies

  • Be logged into your account before clicking the affiliate link

  • Not visit any other website, tab, or session between clicking the link and completing your purchase

  • Allow all cookies on the affiliate's website

  • Complete the purchase within the affiliate's required timeframe

Credits are only issued after valid payment (no discounts, gift cards, or other offers applied), with no returns or cancellations, and only for initial subscription payments where applicable. Credits exclude taxes, fees, shipping, gift-wrapping, discounts, returns, extended warranties, and gift card purchases.

We do not control affiliate sites or their commission terms, and cannot guarantee that any Affiliate Credit will be redeemable.

For more information on how we use your information, please see our Privacy Policy. 

SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, exploit for any business use, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; (3) to respond to any comments; or (4) display or use any comments provided. To the extent permitted by the Copyright, Designs and Patents Act 1988, you waive all moral rights you may have in your comments in favour of us and anyone authorised by us. 

We may monitor, edit or remove content that we determine in our sole discretion, including if we determine the content to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property, privacy, personality or other proprietary rights, or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous, defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We are not responsible for any comments posted by you or any third-party. All comments are viewed and used by you at your own risk. Any views expressed are those of the individual contributors and do not necessarily express our views. 

By submitting your comments, feedback and submissions, you agree to let us feature your content on our social media channels and platforms, or by submitting content directly to us, you agree that:

  • We can use your handle and the content on our Site, App and affiliated social meia platforms and/or any marketing materials; 

  • We can modify the content (for example, we may edit, crop, adapt, enhance or use only part of it)

  • You have permission of everyone in the content for it to be used;

  • You have the right to grant us the above rights; and 

  • You are at least 18. 

You understand that users of social media platforms and our site can share and make use of your content once posted. In particular, a user of these platforms can take a screenshot of and save an image of the content to their device, share the content on social media platforms or websites which feature the content (and sharing capabilities). If you do not want to grant the permissions set out above, then please do not give us consent to use the content.

SECTION 8 - PERSONAL INFORMATION

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Your submission of personal information through our Service is governed by our Privacy Policy, which is hereby incorporated into these Terms of Service as if fully restated within these Terms of Service. 

SECTION 9 - PROHIBITED USES

We reserve the right to refuse our Service to anyone for any lawful reason at any time. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using our Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to breach any applicable laws or regulations; (d) to infringe upon or breach 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 our 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 our Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Service or any related website for breaching any of the prohibited uses.

You agree to indemnify, defend and hold harmless Quince, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use (or misuse) of our Service or your breach of the Terms of Service.

SECTION 10 - YOUR RESPONSIBILITY FOR LOSSES

All products available through our Service are available exclusively online through our website unless otherwise specified or allowed in our sole discretion. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear through our Service but our products may vary slightly from the pictures. We cannot guarantee that your computer device’s display of any colour or images will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Any offer for any product or service made through our Service is void where prohibited by these Terms of Service or any other terms on our website.

You have rights if the products provided to you are not as described on our website or do not meet all requirements imposed by law. We also have our returns and exchange policy. For details of what to do if there is a problem with your product please see our Return Policy or see Section 13 (Disputes) below. 

You acknowledge and agree that:

  • We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. 

  • You expressly agree that your use of, or inability to use, the website within our Service is at your sole risk. We cannot guarantee that the website will be error free.

  • We are not responsible for any losses you suffer where we breach the agreement between us if the loss is unexpected (i.e. it was not obvious that would happen) or is caused by an event which is outside our control (such as fire, flood, government order or strikes).  Where an event is outside our control and it is delaying or preventing our performance of any order you have made, we will notify you and try to minimize the delay. Where the delay is substantial, you can contact the Customer Service Team to cancel your order and receive a refund for any products you have paid for, but not received. 

SECTION 11 - TERMINATION

The obligations and liabilities of the parties shall survive the termination of this agreement.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our Service and you must then discontinue using the Service.

If  you fail, or we reasonably suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and/or accordingly may deny you access to our Service (or any part of it).

SECTION 12 - SEVERANCE AND ENTIRE AGREEMENT

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on our website or in respect to our Service constitutes the entire agreement and understanding between you and us and govern your use of our Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

SECTION 13 - DISPUTES

Our Customer Service Team will do their best to resolve any problems you have with us or our products. 

These Terms are governed by English law and wherever you live you can initiate a claim in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also initiate a claim in the courts of the country you live in. We can claim against you in the courts of the country you live in.  SECTION 14 - SMS / MMS MOBILE MESSAGE MARKETING PROGRAMME TERMS AND CONDITIONS

Quince may offer a mobile messaging programme (the "Mobile Message Programme") allowing you to receive marketing messages by SMS or MMS. This Section governs your participation in that programme and should be read alongside our Privacy Policy.

User Opt In: We will only send you marketing messages by SMS or MMS where you have given your explicit consent to receive them, in accordance with the UK General Data Protection Regulation (UK GDPR) and the Privacy and Electronic Communications Regulations 2003 (PECR). Your consent to receive marketing messages is separate from, and not a condition of, any purchase you make from us. Regardless of the opt-in method you utilised to join the Mobile Message Programme, you agree that these Terms apply to your participation.  By participating in the Mobile Message programme, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. Message and data rates may apply. . 

User Opt Out: You may withdraw your consent and opt out of the Mobile Message Programme at any time by replying STOP to any message you receive from us, or by contacting customer care. We will process your opt-out promptly and without charge. Withdrawing consent does not affect the lawfulness of any messages sent before your withdrawal.   

Programme Description: Without limiting the scope of the Mobile Message Programme, users that opt into the Mobile Message Programme can expect to receive messages concerning the marketing and sale of apparel, accessories, jewellery, home products and other everyday items.

Cost and Frequency: Message frequency may vary. Standard network and data rates may apply depending on your mobile tariff. 

Support Instructions: For support regarding the Mobile Message Programme, text ‘HELP’ to the number you received messages from or Contact Us.  

Our Disclaimer of Warranty: The Mobile Message Programme is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Mobile Message Programme. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.

Age Restriction:  You must be 18 years of age or older to participate in the Mobile Message Programme. 

Prohibited Content:  You acknowledge and agree to not send any prohibited content over the Mobile Message Programme.  Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

  • Pirated computer Programmes, viruses, worms, Trojan horses, or other harmful code;

  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

  • Any content that implicates and/or references personal health information that is protected by law (including data protection law); and

  • Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.

SECTION 15 - CHANGES TO THESE TERMS

Your continued use of or access to our website or our Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Without limiting the foregoing, we may modify our payment terms, delivery terms, warranties, services and prohibited activities, and our shipping policies. If we amend these Terms, we’ll let you know either by posting the updated Terms on the Service or through other communications. Where required by law or at our discretion, we will send a message to the email address (or other contact information at our discretion) associated with your account, setting out the new clause, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment, at least thirty (30) days in advance of the change. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, then you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. If you do not agree with any modification, then you may terminate the use of the Services, without cost, penalty or cancellation indemnity, by sending us notice to that effect or by ceasing to use the Services. If we change the Terms after you have placed your order , then, save where such changes are to make minor or technical adjustments or improvements to the Terms or are required to reflect changes in applicable laws and regulatory or requirements, if such changes have an adverse effect on the product or the terms on which we will supply it to you, you can contact our Customer Service Team to cancel your order and receive a refund for any products you have paid for, but not received. 

SECTION 16 - OTHER

The failure of either party to exercise in any respect any right provided for in these Terms  will not be deemed a waiver of any further rights under these Terms. 

If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control (including fire, flood, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, government imposed restrictions, acts of terrorism or war) our inability or delay in performing our obligations will not be deemed to be in breach of these Terms.

If you breach any of these Terms, we reserve the right to suspend or terminate your account.

You can review the most current version of the Terms of Service at any time at this page. You can also save and print these Terms if you need to. 

SECTION 17 - CONTACT US

Questions about the Terms of Service should be sent to us at care@uk.onequince.com. You may also contact us by post at 4 More London Riverside, London, United Kingdom, SE1 2AU.  

If you have a complaint that Customer Care is unable to resolve to your satisfaction, you may refer your complaint to an Alternative Dispute Resolution (ADR) provider.