Date

July 30 2020

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DYKY Online

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Colorism In The Fashion Industry

BLOG | Women's Fashion online UK | Resort

Colorism in the Fashion Industry: It’s Real!

Colorism in the fashion world - is it real? Well, yes, it pretty much is!

In fact, the fashion industry is one of the most popular examples of the fact that you need to be fair to be noticed and get an opportunity.

Photo by @katouch.atelier

We often talk about discrimination at workplaces based on gender, caste, creed, or nationalities, but yes, if the fashion industry or the film industry even, for that matter, is your workplace, odds of you being turned down because you are not fair enough are pretty high.

Right from the Beginning

Colorism in the fashion industry is not something new. It has been there for as long as we can remember, from models, designers to creative directors.

The fashion industry has predefined standards and an image for models. If you don’t fit in this invisible checklist of Eurocentric beauty standards, you are sidelined.

Right from the early days, a model’s marketability in the beauty, entertainment, and fashion industries is heavily determined by skin color.

How often do we see black models on the covers of leading fashion magazines? How often do we read about black fashion brand owners, designers….

Or, how often do we spot models of color on eCommerce websites promoting dresses and clothes? Not very often.

In fact, it is very common for fashion houses to create dresses keeping the fair girls in mind.

There have been attempts to address the industry's obsession with the white but this hasn’t been on a scale that it could make a difference.

Why is the Scenario Like This?

A lot of dark-skinned models see “night-shaded” complexion as “an obstacle to overcome.”

Similar is the case with every model of color out there. Because, the fashion world is not very accepting of the black, period!

Well, primarily it’s not just the owners of the fashion houses or the casting directors of movies that are to be blamed, although these groups are not quite diverse so decisions are made based on one's own experience.

The audience also has a say in this and an important role to play. How many people of color buy items from black brand owners or designers?

It’s the audience that prefers lighter-skinned models over darker-skinned models and labels them as classier, more profitable, and more digestible. It is also the audience that gives more opportunities to brands.

The problem doesn’t end there. The real problem lies with the audience as well as the world labeling darker-skinned models as a special segment of the fashion society, but also sticking to brands that have been around for a long time and still use the same standards.

The darker-skinned models, the models of color or one black designer if paid attention, are used just to represent that we are being fair towards them. For instance, it’s difficult to access models of dark color because this colorism is so strongly rooted that dark-skinned girls refrain from seeing modeling as a career.

It’s more like a privilege that we are conferring on them by treating them equally. A lot of fashion houses don’t cast these models because they are talented or they deserve to be there, but just to create a statement that the brand is woke towards these issues. That also applies to the big brands having a black designer or creative director to make a point.

This is pathetic. We don’t treat them equally. We treat them differently, we treat them special because we feel that they are not normal. They are not what should be expected.

This mindset needs to be changed, in order to change anything. The audience needs to be more accepting of models of color practically and not just post #BlackLivesMatter on Twitter, also support the designer and creative directors of color.

We should not have to treat them any differently or special, we just have to treat them equally.

KATOUCH ATELIER | BLOGS | Women's fashion online UK

Photo by Anna Shvets

The Katouch range is available online at www.dyky.co.uk

About DYKY®

DYKY is a collection of beautiful, luxury, customisable pieces combining femininity and strength. Modern and wearable - but with an elegance hinting at times gone by - the range reflects the many facets of today’s woman.

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OTHER TERMS AND CONDITIONS

1.THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there are a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss this.

2.INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Damekatouch Limited a company registered in England and Wales. Our company registration number is 08893585 and our registered office is at Langdon House, Langdon Road, Swansea, SA1 8QY

2.2 How to contact us. You can contact us by telephoning our customer service team at 07593590352 or by writing to us at Damekatouch ltd

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3.OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4.OUR PRODUCTS

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.3 Bridal and Couture garments. They can be ordered online by contacting us by email at dykyclients@dyky.co.uk. You will need to provide us accurate information about your measurements to ensure that the garment fit you well.

5.YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered 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, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6.OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the products. We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example, to address a design or material change. These changes will not affect your use of the product.

(c) to offer you a substitute of the materials used for the product

6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to the product, but if we do so we will notify you and you may then cancel your order and receive a refund for any products paid for but not received.

7.PROVIDING THE PRODUCTS

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website. In some cases, we might decide not to charge you for delivery costs because of the quantity or your loyalty as a customer.

7.2 When we will provide the products. During the order process, we will let you know when we will deliver the products to you.

(a) If the products are goods. If the products are goods we will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order. By goods, we mean a wholesale order.

7.3 We are not responsible for delays outside our control. If our supply of the products 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 minimize 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.

7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.

7.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

7.7 When you own goods. You own a product which is goods once we have received payment in full.

7.8 What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the products to you, for example, a sizing choice and delivery address. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the product as requested by you or notified by us to you (see Clause 6.).

8.YOUR RIGHTS TO END THE CONTRACT

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing when you decide to end the contract and whether you are a consumer or business customer:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 12.

(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;

(c) If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see Clause 8.7.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) there is a risk that the supply of the products may be significantly delayed because of events outside our control;

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month; or

(e) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 Our goodwill guarantee for consumers. Please note, these terms reflect the goodwill guarantee offered by Damekatouch Limited of Langdon House, Langdon Road, Swansea, SA1 8QY to its UK consumer customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see Clause 12.1): note that this goodwill only applies to exchange and no refund.

Right under the Consumer Contracts Regulations 2013

How our goodwill guarantee is more generous

14 day period to change your mind.

17 day period to change your mind.

8.5 When consumers do not have the right to change their minds. Your right as a consumer to change your mind does not apply in respect of:

(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

(b) any products which have been adapted to your specific requirements.

8.6 How long do consumers have to change their minds? If you are a consumer you have 14 days after the day you (or someone you nominate) receives the goods.

8.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods completed when the product is delivered, downloaded or streamed and paid for.

9.HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Phone or Email. Call customer services on [07593590352] or email us at dykyclients@dyky.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address

9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us by using the address on the business card included in your package. Please call customer services on [07593590352] or email us at [dykyclients@dyky.co.uk] for a return label or to arrange collection. You must send off the goods within 14 days after telling us you wish to end the contract.

9.3 When we will pay the costs of return. We will pay the costs of return if the products are faulty or misdescribed. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

9.4 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5 When we may make a deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way that would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) We may refund you in the same manner that you paid. For example, if you used a gift voucher to pay for the goods we may provide you with gift vouchers as a refund.

9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:

(a) 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. For information about how to return a product to us, see Clause 9.2.

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery details; or

(c) you do not, within a reasonable time, allow us to deliver the products to you.

10.2 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products that will not be provided.

11.IF THERE IS A PROBLEM WITH THE PRODUCT

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at [07593590352] or write to us at [dykyclients@dyky.co.uk].

12.YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER

12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example, clothing, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

up to 30 days: if your goods are faulty, then you can get an immediate refund.

up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

12.2

Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on [07593590352] or email us at [dykyclients@dyky.co.uk] for a return label or to arrange collection.

13.PRICE AND PAYMENT

13.1 Where to find the price for the product. The price of the product (which excludes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 13..3 for what happens if we discover an error in the price of the product you order.

13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price 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 unmistakeable 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 goods provided to you.

13.4 When you must pay and how you must pay. We accept payment with [LIST OF CREDIT AND DEBIT CARDS and other types of payment listed on our website]. You must pay for the products before we dispatch them.

13.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.2 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987

14.3 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 15.

17.HOW WE MAY USE YOUR PERSONAL INFORMATION

17.1 How we will use your personal information. We will use the personal information you provide to us:

(a) to supply the products to you;

(b) to process your payment for the products; and

(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

17.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.

18.OTHER IMPORTANT TERMS

18.1 We may transfer this agreement to someone else.

We may transfer our rights and obligations under these terms to another organization. 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. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

18.2 Nobody else has any rights under this contract

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

18.3 If a court finds part of this contract illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.4 Even if we delay in enforcing this contract, we can still enforce it later.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

18.5 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer.

These terms are governed by English and Welsh law and you can bring legal proceedings in respect of the products in the English and Welsh courts.

18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a business.

If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.