Terms & Conditions
These terms and conditions do not affect your statutory rights as a consumer. The consumers statutory rights are not excluded or limited in any way in accordance with the Sale of Goods Act 1979 (as amended).
These terms and conditions may be changed at any time and will be posted online. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website.
2 Ordering From Us
You are deemed to have placed an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors prior to confirming the order. Once completed, we will send you an order acknowledgement detailing the products you have ordered and the pricing to the e-mail address provided during the ordering process. The order is only accepted by Gym Wear upon dispatch of the ordered goods and confirmed via a dispatch confirmation e-mail even if your payment has been processed immediately.
2.1 We may refuse to accept an order
- Where goods are not available
- Where we cannot obtain authorization for your payment
- If there has been a pricing or description error
- If you do not meet any eligibility criteria set out in our terms and conditions
3.1 Where we charge separately for shipping, the appropriate rates are showen on the Delivery Information page.
3.2 Should an incorrect price be displayed, Gym Wear reserves the right to refuse orders as set out in ‘Ordering From Us’ (above).
3.3 All prices quoted by the Company are only valid at the time of contract and are exclusive of any other matters unless otherwise agreed and may be changed at any time.
3.4 The Company reserves the right to revise the quoted price in the event of unforeseen and extraordinary expenses for the Company appertaining the goods.
3.5 VAT - All prices stated include VAT at the applicable rate. For orders made outside of the UK all orders will be charged including the applicable UK rate of VAT. Any UK VAT paid can then be claimed back through your home country.
4.1 Delivery is deemed to be successful once the products have arrived at the address provided for delivery.
4.2 If a signature is required you should check the order before signing. Should there be any shortages or damages, these must be notified to Gym Wear by e-mail – email@example.com within 1 working day of delivery.
4.3 Other products may be left at the recipients address without a signature except where the customer has specified that it must not be left in their absence. If this option is requested, and goods are left unsupervised Gym Wear will not accept liability for the goods.
4.4 Once delivered the responsibility for the product is deemed to be the cardholder’s and any loss or damage to the product is then at your own risk. This is particularly notable when deliveries are made to public/work places such as hospitals, hotels etc where the signature of any authorized body is deemed to be proof of delivery
4.5 The company will not accept any liability for late delivery of the goods and delivery time will not be of the essence of the contract.
4.6 The Company will not accept liability for non-delivery, where this is caused by circumstances beyond its control.
4.7 In the case of a delivery being refused or aborted at the delivery address, we reserve the right to charge for a second delivery as our delivery obligation only stands for the first delivery attempt.
4.8 Orders shipped to Europe & ROW may be subject to additional import fees upon delivery. Refusal to pay customs fee and in the event of the parcel being returned back to GymWear UK may be subject to handling fee deducted from your refund.
5.0 General Cancellation and Returns Information
These general terms and conditions apply to all purchases from Gym Wear unless specifically expressed in the prodct specific return as laid out below.
5.1 If you wish to cancel your order please e-mail your details and order reference to firstname.lastname@example.org or. Any order cancellation must be confirmed by email prior to despatch and once despatched the returns policy is as set.
5.2 So as to comply with the UK Consumer Contracts Regulations, all orders have a ‘14 Day Cooling Off Period’. The cardholder is liable for all return shipping costs under this right, please contact our team for advice if you wish to exercise this right.
5.3 In addition, all returned / exchanged products (including the boxes) must be in their ORIGINAL CONDITION i.e. NOT WORN, ALTERED or WASHED, and they must be in their ORIGINAL PACKAGING. N.B. - DO NOT TAPE UP, OR WRITE ON BOXES. Any damage to goods / boxes, or sign of use may result in a reduced refund to the customer. Goods must also be suitably packaged. Customers are advised to obtain and complete a 'certificate of postage' form stamped by the Royal Mail before returning item. Responsibility of the goods remains that of the customer until safely received by Gym Wear and Gym Wear accepts no liability for goods lost or damaged in transit back to us.
5.4 Should an item arrive damaged, the customer must inform Gym Wear in writing within 1 working day of receipt. Gym Wear will then advise if the customer if they are to return the goods for exchange (in which case we will advise the most efficient transit method for return.
5.5 Gift cards are a non-refundable item, this includes unused gift cards and partially used with an outstanding balance.
5.6 Orders placed using split payment (part Gift Card/Store Credit, part other payment method) will always be refunded to the Gift Card(s)/Store Credit first. Any remaining balance will be refunded to the other payment used, which will follow our above refund process.
You are permitted to print and download extracts from this Website for your own use on the following basis:
a) No documents or related graphics on this Website are modified in any way;
b) No graphics on this Website are used separately from accompanying text.
6.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with that stated above for any purpose is prohibited.If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
7.0 Service Access
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
8.0 Links To and From Other Websites
Links to and from this website are provided solely for your convenience. If you use these links, you leave this website and so Gym Wear accepts no responsibility. We have not reviewed all of these third part websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. The material on this Website is provided “as is” without any conditions or other terms of any kind.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers,directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data,contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. In addition, any assistance given to the delivery driver i.e. helping lift items off the lorry, is done so at the customers discression Gym Wear no responsibility for any injury sustained.
11 Nothing in these terms and conditions shall exclude or limit our liability for
- Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977).
- Misrepresentation as to a fundamental matter.
- Any liability which cannot be excluded or limited under applicable law.
12 Governing Law & Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the lawns of England and Wales. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found byany court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have fullforce and effect.Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.