These terms and conditions relate to goods which you offer to purchase from the XXXLGYMWEAR online store (“our/this website”). Please read these terms and conditions which govern your use of this website and our supply to you of any goods which you offer to purchase through our online facilities. We will be unable to process any offer to purchase goods until you have done so. If there is anything you do not understand, please feel free to e-mail us at firstname.lastname@example.org.
By making an offer to purchase, you agree to be bound by the whole provisions of the Agreement (as defined in clause 3.1 below) between you and us. If you do not accept these provisions you should not place an order. Your attention is drawn in particular to clauses 10 (limitation of liability) and 11 (indemnity).
You must be 16 years or older and resident within the United Kingdom to register for the Service. By clicking on the “I accept” button, you confirm to us that you are at least 16 years of age and resident in the United Kingdom.
These terms and conditions may be changed at any time by us and we are not under any obligation to notify you of such changes.
In these terms and conditions:-
2.1 “Commencement Date” means the date when our agreement with you is concluded (see clause 3.3).
2.2 “Confirmation Form” means the form that is shown on screen after you have placed an order, confirming details of the Goods which you have offered to purchase and which we have agreed to supply to you.
2.3 “Consumer” means an individual whose use of the Service is for personal purposes only and not for use in connection with any trade, business or profession.
2.4 “Order Form” means the form completed by you online and showing details of the goods which you have offered to purchase from us.
2.5 “Goods” means the goods to be provided by us to you, as described in the Order Form and Confirmation Form and on the pages of our
website relevant to those goods. (In the event of a discrepancy between the description of the Goods on the website and that on the Order Form Confirmation Form, the description on the Order Form or Confirmation Form shall be conclusive).
2.6 “We/us/our” refers to XXXLGYMWEAR.
2.7 “you/yours” refers to you, the person offering to purchase goods from us.
3.2 Nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the Goods; we are inviting you to make a legal offer to us to purchase the Goods. It is entirely at our discretion to accept or reject the offer to purchase.
3.3 The Agreement is concluded only when we have accepted your order by sending you a Confirmation Form (with the date of conclusion of the Agreement being the date shown on that Confirmation Form).
Payment can be made using any of the methods listed on this website (see item 6 below)and will be debited when we have accepted your offer to purchase.
All prices are quoted in UK Pounds Sterling and are inclusive of packaging and delivery.
Our acceptance of your offer to purchase Goods and our acknowledgement of order acceptance via web or e-mail is not a guarantee of delivery. All Goods are subject to availability and if any Goods are out of stock or no longer in production, you will be offered the opportunity to select an alternative. If you do not wish to have an alternative, you may cancel that part of the order in respect of such Goods. Upon cancellation, xxxlgymwear will refund to you any of the payments received for the relevant cancelled Goods and neither party shall have any further liability to the other. Part cancellation shall not affect your rights or obligations in relation to other Goods in the same order or other orders. Goods purchased can not be returned if you have bought the wrong size, all items of clothing are custom made to your requirements and are fit for no other purpose. All information on products should be found out before purchase, has returns can not be returned if they are the correct items ordered. Only incorrect sizes, colours and designs can be returned has the error is our's.
Every effort has been made to ensure the descriptions and price of Goods are correct. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option of either (i) confirming your offer to purchase subject to the corrected description or price, or (ii) retracting your offer to purchase and receiving a full refund if payment of the Goods has already been made.
XXXLGYMWEAR reserves the right to refuse any orders and has the right to decline any order which contains erroneous prices.
You will be responsible for the accuracy of any information in relation to any orders submitted through the Website. If you discover any errors after the submission of an order, please e-mail email@example.com immediately. Whilst xxxlgymwear will endeavour to rectify any orders which contain errors, XXXLGYMWEAR cannot be responsible for the consequences of any such errors once an order confirmation has been sent.
5.1 Payment via Paypal (find out more from Paypal)
Online payment will be processed using the services of Paypal.
5.2 Payment via cheque or banker’s draft to be made payable on request to firstname.lastname@example.org.
Payment may be made by either of the above methods and will be debited when your order is received. The total amount you pay is the same, regardless of the payment method you use. Payment by credit or debit card shall be made when an order is submitted. Cheques or bankers draft must be received before an order is submitted. If a cheque is rejected, your order will not be dispatched.
6.1 Data Protection
We are committed to protecting your privacy and the security of any information given to us in order for us to process your order.
6.2 Our Data Protection Policy
We will not gather or hold personal information about you unless you have given your express permission for us to do so. By placing an order, you will consent to the use of such personal information.
Any personal information held or processed will be kept up-to-date and will be destroyed as soon as the reason for its collection or processing has lapsed.
No personal data about customers will be passed to any third party, except to fulfil the delivery of the goods to you, and as is necessary to process credit or debit card payments.
Your privacy and confidence will be respected at all times.
6.3 What Information is collected about you and how is it used?
When you place an order we need to collect your name, address, e-mail and telephone number as well as details of the method by which you intend to pay for the Goods. This information allows us to process your offer to purchase Goods and delivery of those Goods to you. We use your e-mail address to send you notification of the status of the order. We will contact you by e-mail or by telephone if any problems occur regarding delivery of the Goods to you.
This information may be provided to third party service providers for the purpose of processing your offer to purchase the goods.
6.4 Third parties
We will not sell or pass your details to third party organisations except for the purpose of processing your offer to purchase the goods.
By making an offer to purchase Goods you consent to the information you provide to us being processed for any of the above purposes.
Cookies are small pieces of information that are sent from your browser to our web server.
On this web site, cookies are used to keep track of the items you place in your shopping basket. These cookies expire after 2 days.
We do not store any personal information in the cookie; they are designed only to collect information of an anonymous nature. We will not combine such anonymous information with your personal details.
You will need to ensure your cookies are enabled to allow you to purchase from our site.
The security of your transaction is important to us and to prevent any details being seen by unauthorised persons it is protected throughout the payment process. To do this we use a secure server to encrypt the information before it is sent to the payments processor.
We are obliged by law to provide you, prior to the delivery to you of the goods which you have purchased, with certain information in relation to those goods and your rights in relation to the agreement with us. This information appears throughout these Terms and Conditions, but is summarised in the Confirmation Form.
Under the Distance Selling Regulations, you have seven working days from the Commencement Date (“the cooling-off period”) in which to cancel this Agreement if for any reason you are not happy with the Goods which have been delivered to you. This cooling off period begins on the day after the day you receive the Goods from us.
If you wish to cancel the Agreement, you must notify us of this fact in writing and send your notification to us by e-mail or post. Full contact details are set out below.
On cancellation, you must return the Goods that we have delivered to you. On our receipt of the returned Goods, we will exchange the Goods or we will refund to you the price you paid for the Goods. Unless you originally received substitute goods, you will be liable for the costs of returning the Goods to us, and we will not reimburse you for this.
You should return such Goods to Return address given :-
- Goods must be adequately sealed in the original packaging. Please note that the Royal Mail may reject any package that is not adequately wrapped;
- fully complete the Returns Form included with the delivery package, this will ensure that you receive your refund or replacement goods promptly;
- please make sure that you have addressed the package clearly with the above address and ensure that you get a certificate of posting from the Post Office as proof that you have sent the package (the Post Office do not charge for issuing these certificates).
IMPORTANT: THIS CLAUSE 10 CONTAINS PROVISIONS WHICH RESTRICT THE EXTENT TO WHICH WE ARE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER IN CONNECTION WITH THE GOODS. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
10.1 Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
10.2 Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or wilful misconduct, or fraud or misrepresentation on our part.
10.3 We may include links from time to time from our website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites.
10.4 All conditions, terms, representations and warranties relating to the Goods which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law.
10.5 Our total liability to you in respect of any claim by you arising out of or in connection with the provision (or the failure to provide) the Goods shall be limited to the value of the goods supplied.
10.6 No claim by you against us shall be valid unless you have notified us of the details of the claim within one year of it arising.
10.7 Every provision of this clause 11 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement.
IMPORTANT: IN THIS CLAUSE 11 YOU AGREE THAT YOU WILL BE LIABLE FOR ANY LOSS WE (OR CERTAIN PEOPLE CONNECTED WITH US) SUFFER AS A RESULT OF BREACH OF THE AGREEMENT BY YOU OR BY CERTAIN PEOPLE CONNECTED WITH YOU. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
You agree that you shall be liable for, and hereby agree to indemnify us on demand in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees) sustained or incurred by us, our agents, suppliers, our customers, officers or employees, and arising as a result of breach by you of this Agreement.
We have used reasonable care and skill in compiling the content of our website, but make no warranty, express or implied, as to the nature or accuracy of any material on the website and cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within the website. The Confirmation Form is conclusive as to the Charges and the description of the Service.
Although every effort is made to ensure complete accuracy, some prices or details shown on the website may change from time to time, and it is possible that errors will occur. We will use reasonable endeavours to rectify any errors as soon as possible.
If you have any queries about these terms and conditions or any other aspect of our website or you have a complaint, please e-mail us at email@example.com.
We shall endeavour to respond to any communication received by us as soon as possible.
These Terms shall be governed by and construed in accordance with the law of England and you submit to the exclusive jurisdiction of the courts of England. You are responsible for compliance with any applicable laws of the country from which you access our website.