Terms and Conditions

Please read these terms and conditions carefully before using this site. 

Who we are and how to contact us

www.arksenlabs.com is a site operated by The Fashion Incubator Limited ("We"). We are registered in England and Wales under company number 11134041 and have our registered office at Aberdeen House, South Road, Haywards Heath, West Sussex, England, RH16 4NG. Our main trading address is 1st floor, 21 Poland Street, London W1F 8QH.

We are a limited company.

For any enquiries, please contact our customer services team via email at info@arksenlabs.com

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

If you purchase goods or services from our site, our Terms and conditions of supply will apply to the sales.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users needs and our business priorities.

We may suspend or withdraw our site

Our site is made available free of charge.

Courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is deemed appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@arksenlabs.com .

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

  • Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.

  • Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or

  • use of or reliance on any content displayed on our site.

  • In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; or

  • any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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 to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@arksenlabs.com .

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that theed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Terms and Conditions of Sale


You can find everything you need to know about us and our products on our website before you order. We also confirm the key information to you in writing after you order, by email.

These Terms and Conditions of Sale are applicable to the online store located at www.arksenlabs.com.

Please read them carefully before placing an order with us. We only supply products for personal use and we may limit or reject an order if we believe that you intend to use any product for commercial or resale purposes.

By placing an order with us, you accept these Terms and Conditions of Sale.

Information about us

All products available in the online store are sold by The Fashion Incubator Limited, a company registered in UK with registered number 11134041 and whose registered office is at 56a Poland Street, London W1F 7NN. Our VAT Number is 378314966.

You can contact us by emailing us at info@arksenlabs.com or by writing to us at The Fashion Incubator Limited, 5th floor, 21 Poland Street, London W1F 8QH.

If we have to contact you, we will do so by emailing you from the email address used to correspond with our customer services team or from the email address or postal address you provided to us when you placed your order.

Products


The images of products on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may therefore vary slightly from those images.

Whilst we take all reasonable care to ensure that the information on the website is accurate, we reserve the right to correct errors or inaccuracies and to change or update such information at any time without notice.

Please note that some products may be unavailable even if the website indicates that they are in stock and adding a product to your basket does not guarantee the availability of that product. We reserve the right to cancel an order previously accepted by us if it transpires that the product you ordered is out of stock or otherwise unavailable.

Ordering process


We will email you to confirm receipt of your order and then we will contact you again to confirm we have accepted it, at which point a contract will come into existence between us. We will assign an order number to your order and tell you what it is when we confirm your order. It will help us if you can tell us the order number whenever you contact us about your order.
Sometimes we reject orders, for example, if a product is unexpectedly out of stock or because the product was mispriced by us. When this happens we will let you know and refund any sums you have paid.

Pricing


All prices for Products are shown on the Web Site in pounds sterling. They include all applicable sales taxes but exclude delivery fees which will be added to the amount payable by you during the check-out process. The total amount payable by you for the product(s) you are ordering will be shown on the order page when you place your order.

We take all reasonable care to ensure that the price of the Product advised to you is correct. We may change the prices listed on the Web Site at any time without notice and any price increase will apply to all orders placed after such changes take effect. We will normally check prices before accepting your order. However, it is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the correct price for the products at your order date is less than our stated price at your order date, you will only be liable for the lower amount and, if you have already paid for the products, we will refund you the difference. If the correct price for the Products at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

Payment


We take payment when we accept your order. All prices for products are shown on the website in pounds sterling. They include all applicable sales taxes, but exclude delivery fees which will be added to the amount payable by you during the check-out process. The total amount payable by you for the products you are ordering will be shown on the order page when you place your order.

We accept payment by MasterCard and Visa branded credit & debit cards including Visa debit, Visa Electron, VPay, JCB, American Express, as well as by PayPal, Apple Pay and Klarna payment via instalments. Unless you pay for the Products by using the Klarna payment via instalments payment method, you must pay the full purchase price of the products before we dispatch them to you, but we will not charge your credit or debit card or PayPal account until we are ready to dispatch the products to you.

Payment via instalments: In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden we offer you payment via instalments as a payment method. The payment for each instalment will automatically be collected from the debit or credit card you entered at checkout. Your first instalment will be collected when your order is dispatched, and instalments 2 and 3 are scheduled 30 and 60 days later, respectively. Payment is to be made to Klarna. You can find Klarna’s terms and conditions for deliveries to the United Kingdom here. Please also be aware that in order to be able to offer you instalment payments via Klarna as a payment method, we must pass on certain aspects of your personal information to Klarna. Klarna will review and evaluate the data you provided and in case of legitimate interest perform a data exchange with other companies and credit rating agencies. Your personal data will be processed in accordance with applicable data protection law as described in Klarna’s privacy statement for the United Kingdom.

If you would like to make changes


If you would like to make a change to your order, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product(s) you have ordered, the timing of supply or anything else resulting from your requested change and ask you to confirm whether you wish to go ahead with the change.

Our rights to make changes

We can always change a product to reflect changes in relevant laws or regulations, or to make minor adjustments or improvements that do not affect your use of the product. If we make changes in other circumstances we will notify you and you can contact our Customer Service Team to cancel your order and receive a refund for any product you have paid for but not received.

Delivery


The cost of delivery for any products you order will be as displayed to you on the website and notified to you when you place an order. We may let you know during the order process when we will deliver the products to you. If no delivery date is specified during the order process, we will deliver the Products to you as soon as reasonably possible and, in any event, within 30 days after the day on which we accept your order.

If no one is available at your address to take delivery and the product(s) cannot be posted through your letterbox, a note will be left informing you of how to rearrange delivery or collect the product(s) from a local depot. If, after a failed delivery to you, you do not re-arrange delivery or collect the product(s) from a delivery depot, we may end the contract. We reserve the right to charge for redelivery of orders that have not been completed due to you having supplied incorrect address information or where no one is available to take delivery.

If delivery is delayed by an event outside our control, then 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 end the contract and receive a refund for any products you have paid for but not received.

All products ordered by you will be your responsibility from the time we deliver them to the address you gave us. You are responsible for inspecting all products as soon as possible following delivery and you should notify us as soon as possible of any shortages, damage or other deficiencies.

Returns


You have 28 days after the date your order is delivered to change your mind about the products and receive a refund including the delivery cost, although this may be subject to deductions. If products forming part of the same order are split into several deliveries over different days, you have until 14 days after the date the last part of your order is delivered to change your mind.

The Products must remain in good condition and you do not have a right to change your mind in respect of products which have been used, worn, washed, damaged or otherwise treated in such a way as to make resale impossible (including the removal of original tags or the loss of any accessories, or free gifts that came in the same package).

If you have changed your mind, please contact our Customer Service team via email at info@arksenlabs.com. If the relevant products have already been dispatched or you have received them, you must return them to us. Our Customer Service team will be happy to assist by providing a returns label or you can request a returns label through your order summary in the `my account` section on the website. You will be responsible for the costs of return unless the products are faulty or misdescribed.

We will refund you the price you paid for the products, including standard delivery costs, by the method you used for payment. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3 to 5 days at one cost, but you choose to have the product delivered with express shipping at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

We may reduce your refund to reflect any reduction in the value of the products if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover that you have handled them in an unacceptable way, you must pay us an appropriate amount.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. If you fail to comply with any instructions relating to the return of a product, we reserve the right either to reject your return and decline to refund the purchase price or to deduct from any amount to be refunded to you reasonable repair or other similar direct costs that we have incurred.

You have additional rights if there is something wrong with the product. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. Please inspect your order upon receipt and contact us immediately you become aware that an item is defective, damaged, or if you receive the wrong item, so that we may evaluate the issue and make it right.Please note that custom products (such as special orders or personalised items) cannot be returned.

Exchanges

We do not accept direct exchanges. The fastest way to ensure you get what you want is to return the item you have according to the process outlined and once the return is accepted, make a separate purchase for the new item.

Warranty

We are pleased to provide a Warranty which goes beyond your statutory rights.
Products purchased from the online store are fully warranted to the original owner against defects in material and workmanship beginning at the time of sale and for the lifetime of the product. If a product fails due to manufacturing defects or workmanship, we will, at our option, repair or replace the product without charge.

For the purposes of the Warranty, “lifetime” means the usual and customary wearable life of the relevant product by the original owner. The Warranty does not extend to damage caused by improper care, accidents, normal wear and tear or negligence and will be voided if you remove any labels or if the Product has been tailored or altered in any way.

We may, at our option, choose to offer to repair damage not covered by the Warranty at our usual charge for repairs. If we make such an offer, we will evaluate and communicate such offer to you on inspection by us of the relevant product prior to any repairs being made.
For questions on Warranty claims, please contact our Customer Service team at info@arksenlabs.com.

Our rights to end the contract

We may end the contract at any time by writing to you if you do not make any payment to us when it is due, or if you do not within a reasonable time, allow us to deliver the relevant products to you. If we end the contract we will refund any money you have paid in advance for products we have not dispatched, but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.

Our responsibility for loss or damage suffered by you

We’re responsible for losses you suffer caused by us breaking this contract unless the loss is unexpected, caused by a delaying event outside our control or could have been avoided by you taking reasonable action.

Your Personal Data

How we use your Personal Data is set out in our Privacy Notice.

If you have a complaint

Please contact our Customer Service Team.