Terms & Conditions
RADISH’ ("we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service and any other rules posted on our Sites. Please read the Terms of Use & Service carefully before placing any orders on www.thisisradish.com. We recommend you should keep a copy of the Terms of Use & Service for future reference.
RADISH is a trading name of RADISH Limited, a company registered in England and Wales under registration number 09166718. In particular, we wish to draw your attention to our policies relating to the terms of purchase within the Terms of Use & Service and our Privacy Policy. If you are under 16 you must let your parent or guardian know about RADISH’ Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18.
We may modify the Terms of Use & Service from time to time. Please read the Terms of Use & Service and check back often. If you do not agree to any change to the Terms of Use & Service then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
Registration
To use some of the services or features made available to you on www.thisisradish.com you will need to register. When you register you are required to provide information about yourself that is true, accurate and current Should any of your registration information change, please notify us at info@thisisradish.com. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify us straight away of any breach of security or unauthorised use of your account.
Please refer to our Privacy Policy for information about how we use your data.
Eligibility to Purchase
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the RADISH terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to RADISH, whose applications are acceptable to RADISH and who have authorised RADISH to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. RADISH reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where RADISH feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy Policy for further information about how we use your data.
Orders
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
RADISH offers products for sale that are in stock and available for dispatch from our studio. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an advance payment for certain items in which case you are able to make an advance purchase. This will ensure that you receive this item in priority once the required stock has been delivered to RADISH. RADISH will only take advance purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding advance purchase are the same as those for any other purchase at RADISH. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy advance payment orders and customers making advance payments will receive items in priority to customers on the waiting list or customers ordering through via www.thisisradish.com for immediate delivery. Please be aware that we may be unable to deliver selected advance payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the advance payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on www.thisisradish.com, we will attempt to notify you by email within 48 hours of the product becoming available. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
RADISH will store a record of your transactions for a minimum of one year.
Pricing Policy
Prices shown on the Site are in GBP.
All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
Customers purchasing from a country outside the EU may incur additional import duty and tax. These customers will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from the shipping company or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
Acceptance of Your Order
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and RADISH will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of RADISH.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms of Use & Service.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
Payment
Payment can be made by PayPal, Visa, MasterCard, American Express, Maestro and JCB cards, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by RADISH. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to RADISH, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered RADISH user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions you have initiated.
To help ensure that your shopping experience is safe, simple, and secure, RADISH’ website provider, Squarespace, uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
Gift Cards
RADISH gift cards are sold subject to the following terms and conditions: Gift cards are valid for 12 months from date of purchase.
1. Gift cards can be redeemed against all products on www.thisisradish.com.
2. Gift cards are non transferable and may not be returned or redeemed for cash.
3. If your order total is less than the value of the gift card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. To request your balance please email info@thisisradish.com.
4. If your order exceeds the value of the gift card and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
5. If you return products you have purchased using a gift card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You can check your balance by emailing info@thisisradish.com.
6. Virtual gift cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
7. RADISH is not liable for delivery of a virtual gift card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
8. RADISH is not responsible if a gift card is lost, stolen, destroyed or used without permission.
9. RADISH reserves the right to cancel a gift card if we deem such action necessary.
10. Promotion codes cannot be applied to the purchase of gift cards with the exception of free shipping codes which can be applied to physical gift card orders.
11. Sales tax and shipping is applicable on any products purchased with a RADISH gift card.
12. Shipping is applicable on physical gift cards.
Insurance & Delivery
You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.
RADISH insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by RADISH, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
We can sometimes arrange to deliver an order to certain destinations without collecting a signature. If this option applies to your shipping address, the signature opt out will be set by default; however, you can update your preference on the shipping page before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that RADISH can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. Please be aware, that if no signature is collected, you agree to our terms and conditions and take full responsibility for any loss or damage that may occur. On occasion, our shipping provider may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Delivery times appearing on the www.thisisradish.com are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. RADISH is not responsible for any delays caused by destination customs clearance processes. If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
Returns and Exchanges
If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.
Right to Cancel under the ICACRs. For more information please see returns and exchanges.
Our Policy
Items should be returned unused and with all RADISH and garment tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.
Where provided packaging such as authenticity cards, dust bags, and leather tags should be included with your return.
Please email info@thisisradish.com if any of your purchases have been delivered without tags.
For more information please see returns and exchanges.
Intellectual Property and Content
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including RADISH Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by RADISH and/or its third party licensors. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
"Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. RADISH aims to ensure that the information on this site is accurate and complete. RADISH does not promise that RADISH' Content is accurate or error-free. RADISH does not promise that the functional aspects of the Site or RADISH' Content will be error free or that this Site, RADISH Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of RADISH and we accept no responsibility for any such views expressed in any media.
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
Your Activity
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms of Use & Service, we may deny you access to this Site on a temporary or permanent basis.
Third Party
We may include hyperlinks on this Site to other websites or resources operated by parties other than RADISH, including advertisers. RADISH has not reviewed all of the sites linked to www.thisisradish.com and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
Your Rights
You have certain rights under the law. In England these include:
• That any product you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
• Certain remedies if a product is defective; and
• A right to cancel any order for a product within 14 days after the date of receipt of the product, and receive a full refund even if it is not defective (see Cancelling your order above).
Nothing in the Terms of Use & Service is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
Liability and Compensation
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in this Agreement is intended to affect your rights under the law (see "Your Rights" above).
If RADISH fail to comply with the Terms of Use & Service, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the Terms of Use & Service. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and RADISH knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 150% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence; indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the Terms of Use & Service where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold RADISH harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms of Use & Service by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
Relationship
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and RADISH as a result of the Terms of Use & Service or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of RADISH, and we shall not be liable for any representation, act, or omission on your part.
No Waiver
If you breach the Terms of Use & Service and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Use & Service.
Governing Law
The Terms of Use & Service together with all our policies and procedures will be governed by and construed in accordance to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.