Who is OuterBanks?

We are OuterBanks Fashion Europe. We operate the website at www.outerbanks.eu (the “Site”) and when you buy a product from the Site (“Product”), you buy it from us.

We are a company registered in the Netherlands with company number 82060576. Our registered office is located at HJE Wenckebachweg 123 – 1096 AM – Amsterdam. Our registered VAT number is NL862321530B01

If you need to contact us, see our Contact us page for a list of the different ways you can reach us.

Why we have terms and conditions

We have terms and conditions (“T&Cs”) for a few different reasons:

  • they contain the rules which apply to your use of the Site, including material you might upload to the blog and in reviews;
  • they set out all the rules which apply to your purchase of a Product; and
  • they contain information which we need to tell you, for example your rights under the Consumer Contracts Regulations.
  • If you use the Site, purchase a Product or upload any material onto the Site, you are confirming to us that you agree to the then current T&Cs. They are legally binding on us both.

The T&Cs go hand in hand with some other documents which contain other important information:

  • our Privacy Policy, where we tell you what information we collect about you and how we use and disclose it (“Privacy Policy”);
  • our Delivery Policy, where we tell you about delivery options for a Product and any restrictions on where we can deliver or extra charges (“Delivery Policy”);
  • our Returns Policy, where we tell you how to return a Product in certain circumstances including because you have changed your mind under the Consumer Contracts Regulations (“Returns Policy”).

So, please read our T&Cs. Our T&Cs were last updated on March 20th 2021. Contact us if you have any questions about them.

When we sell a Product to you, just like all purchases, there’s a contract in place for that sale. This section of our T&Cs explains how that works.

Your order via the Site for a Product is an offer to buy that Product from us. When we get your order, we will send you an order confirmation email listing each Product you have requested to buy and an estimated delivery date.

This order confirmation email is acceptance of your offer by us. At that point a contract will be made between us for you to buy, and for us to sell, the Product that you have requested to buy.

You’ll know when we have dispatched a Product, because we will send you an email letting you know.

The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error. These prices include VAT but exclude delivery costs, which will be added to the total amount due. See our Delivery Policy for more information on this.

Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch process so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site, we may either contact you and ask you if you would like to proceed with the order at the correct price, or we may contact you to tell you that we have cancelled your order (and you will then need to place a new order if you still wish to buy the Product).

We accept payment via the payment methods shown here.

By placing an order on the Site, you confirm that the payment details provided by you are valid and that when your order is accepted and processed by us, payment will be made in full.

Delivery dates are estimated and are not guaranteed. Subject to stock availability, we aim to dispatch a Product ordered before 18.00 hours on the same working day.

We will always try to fulfil orders, but our only responsibility to you is when a Product is no longer available, or if we are unable to supply a particular Product for whatever reason, is to make sure we do not charge you for the Product.

Our standard delivery service is free for orders above 150 euro. If you select an express delivery method there will be a delivery charge.

Next day deliveries are not available on orders, because of our slow fashion policy. Please note this is on NL orders being fulfilled by our NL Distribution center only. Any orders outside the european region (EEC) being dispatched from our distribution center will take at least 2 days extra to be delivered.

For delivery outside the European Region (EEC), you will be liable to pay for any customs and duty charges for orders. Please note, the value of the order is the total order value before promotions or discounts have been applied.

There may also be some places we cannot deliver to. If you would like to know more about delivery options, prices and restrictions, see our Delivery Policy.

Under the Consumer Contracts Regulations, you have until 14 working days after you receive certain products to tell a retailer that you’ve changed your mind and would like to send it back. The Consumer Contracts Regulations only apply to certain categories of products. What this means is that you cannot change your mind and send any of the following Products back:

  • Products that have been personalized for you, including items that have been tailored or altered by you
  • Products that, by their nature, cannot be sent back (e.g. swimwear and underwear)

If you change your mind, you must return the Product to us. Until you have decided whether to send a Product back to us, remember that the Consumer Contracts Regulations put a duty on you to take good care of them.

This doesn’t mean you can’t try the Product on or inspect it to see if it’s right for you. All we ask is that you treat our Products with the same care as you would in the physical stores. So please try to keep the tags on, don’t mess with any hygiene seals or stickers and retain the original packaging as neatly as you can.

You will be responsible for the cost of sending the Product back to us if you change your mind as long as you use our recommended delivery service, details of which are given in our Returns Policy. If we do not receive the Product back we may arrange for collection of the Product from you at your cost. If you do not send the Product back, or have not looked after the Product and we receive it back damaged, we could make a claim against you for the loss/damage.

Full details on returns can be found in our Returns Policy.

To let us know you have changed your mind and wish to cancel your order, please contact our Customer Service team. Once you have contacted us, please follow the instructions in our Returns Policy on how to return the Product to us.

We will issue you with a refund within 28 days of the date that we receive the Products, excluding the costs of return of the Products to you.

We issue refunds via the payment method you used to place the order. If you would like to exchange your Product(s) rather than be issued with a refund, please see the section below.

If you would like to exchange your Product for a different size or color, please let us know within 05 days of the delivery date of the Product. Please follow the section above on cancelling your order and, at the time you cancel your order, just tell us that you’d like an exchange instead of receiving a refund.

If the size/color you have requested in exchange is unavailable we’ll let you know and issue you with a refund instead.

We are under a legal duty to supply products that comply with the contract for the sale of products between you and us. We want you to be completely happy with your purchase so if your goods are faulty we will refund you or replace them for up to a year from purchase in most cases, just contact our customer service team for further assistance.

OuterBanks Complaints Policy

If you are not satisfied with your purchase you can return it in accordance with our returns policy. If you are not happy with the response you receive or anything else about your experience with OuterBanks, you can contact our customer services team directly.

Once our customer services team have received your complaint we will acknowledge it by email within 4 working days, so if we receive your complaint at 5pm on a Friday you will receive an acknowledgement by 5pm the following Wednesday.If your issue is straightforward we will be in touch with a resolution within these 4 working days of sending the acknowledgment to you.

If you do not feel that your complaint has been fully resolved when you receive the final response from our customer services team please let our customer services team know and they will refer your complaint to our complaints team. Our complaints team will deal with your complaint in line with the timescales set out above.

If you are still unhappy with the resolution, you can contact a certified alternative dispute resolution provider to help negotiate a solution with us and we will co-operate fully with this process. You can submit your complaint via our customers services email here: 

customercare@outerbanks.eu

It is important that each product’s use and care instructions are followed properly.

For garments, it is important that washing instructions are followed exactly as stated on the label. Each garment is wash-tested thoroughly and quality-checked on each production batch prior to leaving the manufacturer. For accessories, it is important that manufacturers’ instructions about any restrictions on use are followed.

It is your responsibility to take reasonable care of the product you have bought. We are not responsible to you to the extent that the problem with your product is caused by your incorrect use or care.

But we also understand that sometimes things don’t go according to plan. If there is a problem with your product, just get in touch and we’ll try and help you.

We have taken every care in the preparation of the material on our Site. However, the material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy or suitability for any particular purpose. If you notice a problem, feel free to let us know and we’ll see if we can try and fix it.

If the need arises, we may suspend access to our Site to carry out routine or emergency work. We will not be responsible if for any reason our Site is unavailable. We will not be responsible to you for any errors or omissions, or any technical problems you may experience, or any use you make of the material on the Site, any websites linked to it or any materials posted on it.

If we are in breach of these T&Cs, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you order the relevant Product or the time you otherwise use the Site.

Our total responsibility to you in relation to an order placed by you for a Product will be limited to the amount paid by you for the Product.

These limitations and exclusions do not affect your statutory rights and only apply to the extent permitted by applicable law. Nothing in these T&Cs shall limit our liability for personal injury or death caused by our negligence.

Because we sell Products for personal use only our responsibility to you shall not for any reason include any business losses such as lost data, lost profits, lost sales or business interruption.

Intellectual property

“OuterBanks” is a registered trade mark of Olen Murray BV Limited, a member of our group of companies. Members of our group of companies are the owners or the licensees of all trade marks, and all other marks, trade names, brand names, business names, illustrations, images, logos, registered or unregistered designs, copyrights and other intellectual property rights which appear on our Site.

You are licensed to use the material on the Site on a very limited basis: just to use the Site as intended and in accordance with these T&Cs for your own personal, non-commercial use. Nothing more, nothing less! You may not otherwise copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any part of our Site.

The rules

Some areas of the Site allow you to enter content. We want everyone using the Site to have a good experience, so you promise that your content (“Content”) will not:

  • contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material, violence or discrimination based on race, sex, religion nationality, disability, sexual orientation or age;
  • infringe any copyright, database right, or trade mark, or any other intellectual property rights of any other person;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
  • be used to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material.

Who owns content posted

By submitting Content, you are granting us (and our group of companies) a perpetual, royalty-free, non-exclusive, irrevocable license to reproduce, modify, translate, make available, distribute and sublicense the Content in whole or in part and in any form, including for marketing purposes in our own materials and on social media.

Your responsibilities

You will be responsible for all losses, costs and expenses reasonably incurred by us, all damages awarded against us by a court and all sums paid by us as a result of any settlement agreed by us because of:

  • any claim by any third party that your Content is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or is in breach of any applicable law, regulation or code of practice;
  • any claim by any third party that your Content infringes that third party’s copyright or other intellectual property rights; and
  • any claim by any third party that your Content breaches any confidentiality or privacy rights.

Removal of Content

We reserve the right to refuse to post Content on the Site or to remove Content already posted on the Site, although we do not actively moderate content posted.

You must not try to re-post Content that we have refused to post on the Site or that we have previously removed from the Site.

Keep it legal, keep it friendly, keep it clean!

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized 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 may 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.

Third party services

We may from time to time make available through our Site certain services provided by third parties. To gain access to these services, you must register with these third parties and deal with them direct.

We have no control over the content of those third-party sites or the performance of these services. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Events outside our control

We will not be responsible for any failure to perform, or delay in performance of, any of our obligations towards you that is caused by events outside our reasonable control including Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute, or acts of local or central Government or other competent authorities.

Severability

If any of these terms and conditions is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.

Entire agreement

These T&Cs contain the whole agreement between us and you relating to the supply of Products and/or your use of our Site. No additional terms or conditions requested or communicated in any way by you will form part of our contract whether accepted or not by an employee of ours.

Our right to vary these T&Cs

We may revise and amend these T&Cs from time to time. You will be subject to the terms and conditions in force at the time that you order Products from us or otherwise use the Site.

Law and jurisdiction

These T&Cs are subject to Dutch law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in the Netherlands.