TERMS & CONDITIONS

1) In General

These terms and conditions, together with the Privacy Policy, govern how VOCLA Limited (‘VOCLA®’) conducts business with you in relation to www.VOCLA.com (the “Website”).

There are separate terms and conditions for the underwear subscription service, which are located on the VA Club subscription page.

The terms ‘VOCLA®’, ‘we’, ‘us’ and ‘our’ refer to the Website owner, VOCLA Limited, whose registered office is Unit 2, Tilson Road, Roundthorn Industrial Estate, Manchester, M23 9GF, United Kingdom, and whose company registration number is 07910951, registered with the Registrar of Companies for England and Wales.

The terms ‘you’ and ‘your’ refer to the user or viewer of the Website.

By using the services available through this Website (collectively, the ‘Services’) and purchasing products (collectively, the ‘Goods’), you are agreeing to all of the Terms and Conditions set out on this page and our Privacy Policy.

VOCLA® may change these Terms and Conditions at any time without prior notice. You should check this page regularly to take notice of any changes. Your continued use of the Website after any such changes constitutes your acceptance of any new Terms and Conditions.

Where the Terms and Conditions require you to provide written notification to VOCLA®, this can be done by emailing contact@vocla.com.

2) Access to VOCLA.com

Access to this Website is permitted temporarily, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or to all of the Website.

3) Your Conduct

You must not misuse this Website. Unauthorised use of this Website may give rise to a claim for damages and/or constitute a criminal offence under the Computer Misuse Act (UK) 1990, as amended. VOCLA® will report any such breach to the relevant law enforcement authorities and disclose your identity to them. Any personal data will be processed in accordance with our Privacy Policy. Breaches include, but are not limited to, the following:

– transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

– commit or encourage a criminal offence; corrupt data; hack into any aspect of the Service;

– annoy other users; attempt to affect the performance or functionality of any computer facilities of or accessed through this Website;

– infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material, commonly referred to as ‘spam’.

4) Account Registration

VOCLA® reserves the right to close, restrict access to or take any other action against customer accounts, which may result in the forfeiture and destruction of all information associated with you. We will not be liable if, for any reason, your account is unavailable at any time or for any period.

5) Terms of Sale

By placing an order through the Website, you are offering to purchase Goods subject to these Terms and Conditions.

5.1. Our Contract

By placing an order, you confirm that all information you provide is accurate, complete and up to date.

After placing your order, you will receive an acknowledgement email confirming that we have received it. This acknowledgement does not constitute acceptance of your order.

A legally binding contract between you and VOCLA® is formed only when:

• we have received your order;
• payment has been authorised and received in cleared funds; and
• we have accepted your order by dispatching the Goods or otherwise confirming acceptance.

We reserve the right to refuse or cancel any order at our reasonable discretion, including where Goods are unavailable, payment cannot be authorised, pricing errors have occurred, fraud is suspected or there has been a breach of these Terms and Conditions. Where payment has already been taken for a cancelled order, a full refund will be issued using the original payment method.

5.2. Product Information, Pricing and Availability

We make every reasonable effort to ensure that product descriptions, photographs, prices and availability shown on the Website are accurate. Although we take reasonable care, occasional errors or omissions may occur.

Product descriptions and prices are those displayed on the Website at the time your order is placed.

Prices for deliveries within the United Kingdom include UK VAT where applicable.

For orders delivered outside the United Kingdom, UK VAT will not normally be charged. Depending on the destination country and shipping service selected, local taxes may instead be collected at checkout or become payable upon import.

Where applicable, prices displayed on the Website include VAT or equivalent sales taxes. This is indicated during shopping and confirmed at checkout.

Delivery charges, where applicable, are shown separately during checkout.

Import duties, taxes, tariffs and customs clearance charges may also apply depending on the destination country and shipping service selected. These charges, where payable through VOCLA®, will be clearly shown before payment. Further information is provided in Section 5.6 (Import Duties and Customs) and in our Delivery Policy.

All Goods are subject to availability.

If Goods become unavailable after an order has been placed, we will contact you as soon as reasonably possible and offer either:

• a suitable alternative;
• a partial cancellation; or
• cancellation of the affected item(s) with a full refund.

If we discover an error in the price of Goods you have ordered, we will contact you and offer the option of proceeding at the correct price or cancelling the affected item(s). If we cannot contact you within five working days, the affected item(s) will be cancelled and refunded.

Prices may change at any time before a contract is formed. Such changes will not affect orders that have already been accepted by VOCLA®.

We also reserve the right to limit the quantity of Goods purchased per customer where necessary to prevent abuse, fraud or bulk purchasing.

Product images are provided for illustration purposes only. While we make every effort to display colours accurately, the appearance of colours may vary depending on your device or display settings.

5.3. Payment

Payment must be made using one of the payment methods offered on the Website at the time the order is placed.

You must be the authorised holder of the payment method used.

Goods will not be dispatched until payment has been successfully authorised and received in cleared funds.

5.4. Discount Codes, Promotions & Coupons

From time to time, VOCLA® may offer promotional discounts, coupons or other promotional offers.

Unless expressly stated otherwise:

• only one promotional code or coupon may be used per order;
• promotions cannot be applied retrospectively once an order has been placed;
• promotions have no cash value and cannot be exchanged for cash;
• promotions do not apply to delivery charges, gift cards, subscriptions, mystery products, bundled products, already discounted Goods, import duties, taxes or other charges unless expressly stated.

Each promotion is subject to its own additional terms, including expiry dates, qualifying products or minimum spend requirements.

VOCLA® reserves the right to withdraw, amend or refuse any promotional offer where fraud, misuse, technical errors or breaches of these Terms are suspected.

Where an order qualifies for cashback through a cashback website, the use of a promotional code or coupon may invalidate cashback in accordance with the cashback provider's terms.

5.5. Delivery

Goods will be delivered to the delivery address provided during checkout.

We only deliver to destinations listed on the Website at the time an order is placed. We reserve the right to suspend or withdraw delivery services to any country at any time.

Estimated delivery times are provided for guidance only and are not guaranteed unless expressly stated otherwise. Delays caused by postal operators, customs authorities, severe weather, industrial action, force majeure or other circumstances outside our reasonable control are not our responsibility.

Where available, tracking details will be sent to the email address provided when your order is dispatched. UK tracked services may also provide SMS notifications where a valid mobile telephone number has been supplied.

It is your responsibility to ensure that your delivery address, email address and telephone number are accurate.

A parcel will not normally be treated as lost until:

• 10 working days after the expected delivery date within the United Kingdom; or
• 28 working days after the expected delivery date for international deliveries where customs clearance has been completed.

Any claim for a missing parcel should be reported within 30 days of dispatch. Claims submitted after this period may not be accepted where this prevents us from investigating with the delivery provider.

5.5.1 Missing and Disputed Deliveries

If tracking does not confirm delivery and a parcel is reported as missing, we may ask the postal service or courier to investigate before determining whether the parcel is lost. Where the parcel is confirmed as lost, we will normally provide replacement Goods where available. If replacement Goods are unavailable, we will issue a refund using the original payment method.

Where tracking confirms that a parcel has been delivered but you dispute receiving it, you should first check with other members of your household, neighbours and, where applicable, your mailroom, concierge, reception or communal mail area, and check whether the parcel has been taken to a local post office, collection point or depot.

If you selected a tracked delivery service and are still unable to locate the parcel, we will ask the relevant postal service or courier to investigate the disputed delivery. We must allow the delivery provider reasonable time to complete its investigation before determining what further action can be taken.

If the delivery provider is unable to locate or provide sufficient evidence of delivery and accepts a claim for the disputed delivery, once the claim has been settled we will either:

• provide replacement Goods where available; or
• provide store credit for the value of the affected Goods and applicable delivery charge.

If the delivery provider confirms that the parcel was delivered and provides sufficient evidence of delivery, such as delivery photographs, GPS or location data, or a signature, we may treat the Goods as having been delivered unless there is evidence to the contrary or applicable consumer law requires otherwise.

Delivery may be made to the delivery address, an authorised or appropriate neighbour, or a designated local collection point in accordance with the delivery provider's applicable service terms. VOCLA® is not responsible for the subsequent loss, theft or removal of Goods after they have been properly delivered, except where applicable law provides otherwise.

If you selected an untracked delivery service, delivery location evidence may not be available and we may therefore be unable to investigate a disputed delivery with the postal service or courier.

If a parcel that was previously considered lost or subject to a successful disputed-delivery claim is subsequently delivered, you must notify us promptly. We may request that the Goods are returned using a prepaid returns service or request payment for the Goods.

If delivery cannot be completed because an incorrect or incomplete address was supplied, or because delivery was refused or not collected, we will refund the purchase price of the returned Goods after deducting the original delivery costs and any return charges incurred by us.

VOCLA® cannot deliver to freight forwarding depots, cargo centres, storage facilities, parcel forwarding services or similar addresses. Orders sent to such addresses are entirely at the customer's risk.

5.6. Import Duties and Customs

Customs policies differ between countries and may change without notice.

Depending on your destination country and the shipping service selected, your order may either:

• include applicable import duties, taxes and customs charges at checkout (Delivered Duty Paid); or
• require payment of import duties, taxes, tariffs or customs clearance fees before delivery (Delivered At Place).

Where duties and taxes are collected by VOCLA®, these charges will be clearly displayed before payment.

Where duties and taxes are not collected at checkout, you are responsible for paying any charges imposed by your local customs authority or delivery provider before delivery can be completed.

Customs authorities may inspect parcels, and customs clearance procedures may delay delivery. VOCLA® has no control over customs processing times.

If a parcel is returned because required customs charges were not paid, the original delivery charge will not be refunded. Any customs charges re-billed to VOCLA® by customs authorities or delivery companies may be recovered from the customer together with a reasonable administration fee.

Where duties or taxes have been paid directly to your own customs authority, any reclaim must be made directly with that authority. VOCLA® cannot refund or reclaim taxes or duties collected by third parties.

5.7. Ownership and Risk

Ownership of the Goods passes to you only when full payment has been received in cleared funds.

Risk in the Goods passes to you upon delivery.

5.8. Cancellation Rights

Consumers may have statutory cancellation or withdrawal rights depending on the country in which they reside and where the Goods are delivered. Nothing in these Terms limits those mandatory rights.

Requests to cancel or withdraw from a contract may be made using our cancellation form or by contacting us in writing before the applicable statutory period expires.

Where Goods have already been dispatched or delivered, returned Goods may be required before any refund can be processed.

Further information is available in our Returns Policy.

5.9. Returns

Returns are accepted in accordance with our Returns Policy.

Unless Goods are faulty, misdescribed or your statutory rights provide otherwise:

• Goods must be returned unused, unworn and suitable for resale;
• all original packaging and tags must be intact;
• return postage is your responsibility.

Eligible refunds will normally be processed within seven days of receiving returned Goods that comply with our Returns Policy and will be made using the original payment method unless otherwise agreed.

Original delivery charges are non-refundable except where required by law.

Return postage is non-refundable except where Goods are faulty, misdescribed or otherwise required by law.

Certain items cannot be returned for hygiene or other reasons, including mystery products, gift cards, gift wrap, subscriptions, underwear or swimwear padding once removed, and any other items identified as non-returnable.

If Goods are returned from outside the United Kingdom, customs documentation should clearly identify them as returned goods. VOCLA® will not pay customs charges incorrectly applied to returned parcels.

Where part of a promotional bundle is returned, any bundle discount may be recalculated and deducted from the refund.

5.10. Faulty or Misdescribed Goods

Nothing in these Terms affects your statutory rights in relation to faulty or misdescribed Goods.

If you believe Goods are faulty or misdescribed, please contact us as soon as reasonably possible.

We may request photographs or ask that the Goods be returned for inspection. Where appropriate, we will reimburse reasonable return postage costs or provide a prepaid returns label.

Where Goods are confirmed to be faulty or misdescribed, we will provide an appropriate remedy in accordance with applicable consumer law, which may include repair, replacement, price reduction or refund.

5.11 Gift Cards

Gift cards are issued in GBP and are available only for recipients resident in the United Kingdom.

When purchasing a gift card, you are responsible for selecting the correct value and providing the correct recipient email address. If you enter an incorrect email address, please contact VOCLA® as soon as possible. Once a gift card has been redeemed, it cannot be amended or reissued.

Gift cards are non-refundable and cannot be exchanged for cash.

Gift cards expire 365 days after the date of issue. Any unused balance remaining after the expiry date will be forfeited.

Gift cards operate on a running balance. If the full value is not used in a single transaction, the remaining balance may be used towards future purchases until the expiry date.

Recipients may add gift cards to their customer account wallet and check their remaining balance at any time.

To redeem a gift card, enter the gift card code during checkout in the designated gift card or coupon field.

5.12 Missing Items

If, on delivery, items are missing from an order, you will be required to send a picture of the Royal Mail apology bag or equivalent proof of a damaged parcel (such as a damaged label attached by the courier). If this picture is received, VOCLA will dispatch replacement items.

If the parcel was not damaged, VOCLA will check the CCTV at our packing station to determine whether the order was fully picked, packed and completed. VOCLA will also reconcile the current stock levels for the item(s) that you claim are missing. VOCLA will also check the weight of the parcel on the Royal Mail dispatch system and match this to the collective weight of all items on the order to determine if anything was missing. VOCLA will also review any images taken by the Royal Mail or equivalent courier, on delivery, to view the package for damage or tampering. If there is sufficient evidence to suggest that the order was dispatched fully complete, with no missing items, no replacement items will be dispatched. VOCLA reserves the right to restrict the IP address, card fingerprint and email address of the claimant with our payment processor. If other retailers have also reported these, the payment processor may permanently block the ability to pay at all retailers using that payment processor. VOCLA also reserves the right to report suspected fraud.

5.13 Chargeback and Payment Disputes

If you believe there is a problem with your order or payment, we encourage you to contact VOCLA® before raising a chargeback or payment dispute. Many issues can be resolved more quickly through our customer service team.

If a chargeback or payment dispute is raised, we will provide the payment provider with all relevant information relating to the order, including order details, payment records, delivery information, tracking data and any correspondence between you and VOCLA®.

Where a chargeback or payment dispute is upheld in your favour, ownership of the Goods shall revert to VOCLA® where permitted by law. You must return the Goods, in unused and resaleable condition where applicable, in accordance with our Returns Policy. If the Goods are not returned, VOCLA® reserves the right to recover their value through appropriate legal channels.

If we reasonably believe that a chargeback or payment dispute has been raised fraudulently or without reasonable grounds, we reserve the right to recover any financial losses incurred, including the value of the Goods, chargeback fees, reasonable debt recovery costs, legal costs where recoverable, interest and any other costs permitted by law.

Where we reasonably suspect fraudulent activity, VOCLA® may suspend or permanently close the relevant customer account, refuse future orders and share relevant information with payment providers, fraud prevention agencies, law enforcement authorities and other organisations where permitted or required by law. Any personal data will be processed in accordance with our Privacy Policy.

5.14 Price Match Guarantee

VOCLA offers a price match guarantee where customers can request a refund of the price difference, within two weeks of placing an order, with the following terms:

The guarantee is valid for two weeks from the date and time of purchase.

VOCLA price matches only the same product and variant of the product (eg size and colour), and only if the variant that the customer bought is available to purchase.

VOCLA price matches the product's full price on the website of other UK-based, brand-authorised retailers. VOCLA does not consider any sale price or special offer, nor any loyalty points, discount codes or similar, that a customer could have used on the other retailer's website.

Customers must provide a URL link to the relevant product page on the other retailer's website so the price can be confirmed.

VOCLA price matches the full cost to receive the product from the other retailer against the full cost to receive the product from VOCLA. This means that the calculation includes, but is not limited to: all taxes, customs duties, tariffs, shipping charges and any other fees involved in obtaining the products. We take into consideration any discount code that a customer used on their order.

Refunds are made against the customer order, to the same payment method used to place the order.

6) Copyright and Trademarks

This Website and its original content, features and functionality are owned by VOCLA® and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. The intellectual property rights in all software and content made available to you on or through this Website remain the property of VOCLA® and/or its licensors and are protected by intellectual property and copyright laws and treaties around the world. All such rights are reserved by VOCLA® and its licensors. You may view, download for caching purposes only, and print pages from the Website for your own personal use. You are not permitted to publish, distribute, manipulate or otherwise reproduce, duplicate, sell or rent in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise without the prior written permission of VOCLA®.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by VOCLA® or its licensors.

The word VOCLA, the phrase VA CLUB, the VOCLA and VA brand logos are all registered trademarks belonging to VOCLA Limited. No license or consent is granted to you to use these marks in any way unless written permission is provided by VOCLA®.

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party Goods, services and/or locations featured on this Website are in no way associated, linked or affiliated with VOCLA®. Any trademarks featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the Goods and services, and is in no way an assertion that such Goods or services are endorsed by or connected to VOCLA®.

Please refer to our Trademarks & Copyright Policy for further information. It can be accessed on the website's footer navigation.

7) Links to and from this Website

You may link to any page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other website.

We reserve the right to withdraw linking permission without notice. You must remove any link if we request you to do so and we may request you to remove a link at any time and for any reason.

From time to time, this Website may contain links to other Websites, which are not operated by VOCLA® (the ‘Linked Sites’). These links are provided for your convenience and to provide further information. They do not signify that we endorse the Linked Sites. VOCLA® has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

8) Disclaimer of Liability

Information and materials displayed or offered on this Website are provided without any guarantees, conditions or warranties as to its accuracy, timeliness, performance, completeness or suitability. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude any liability for any such inaccuracies or errors to the fullest extent permitted by law, unless expressly stated to the contrary. We shall not be liable for any damages whatsoever arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect the liability of VOCLA® which cannot be excluded or limited under applicable law.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

9) Force Majeure

VOCLA® shall not be liable for any delay or failure to perform its obligations where such delay or failure results from events beyond our reasonable control, including but not limited to natural disasters, severe weather, fire, flood, pandemic, industrial disputes, cyber attacks, failure of utilities or telecommunications, acts of government, customs action, war, civil unrest or failures or delays by third-party delivery providers.

10) Indemnity

You agree to indemnify, defend and hold harmless VOCLA®, 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 of this Website or your breach of the terms and conditions.

11) Variation

VOCLA® shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

12) Invalidity

If any part of the terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the terms and conditions will not be affected. All other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

13) Waiver

If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions.

14) Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.

This does not deprive consumers of any mandatory protections available under the laws of their country of residence.

15) Entire Agreement

The above terms and conditions, together with our Privacy Policy, constitute the entire agreement between you and us and supersede any and all preceding and contemporaneous agreements between you and VOCLA®. Any waiver of any provision of the terms and conditions will be effective only if in writing and signed by a Director of VOCLA®.