Terms and Conditions

The Fitwear Boutique Website Terms and Conditions of Sale

 

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.thefitwearboutique.co.uk (our Website) to you.  Please read these terms and conditions carefully before ordering any Products from our Website.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.  You should print a copy of these terms and conditions for future reference.

 

1.  Information about The Fitwear Boutique and Service Availability

Our Website is operated by The Fitwear Boutique (We).  Our main trading address is 39 Darwin Drive, Tonbridge, Kent TN10 4SA.

 

2.  Your Status

 

By placing an order through our Website, you warrant that:

a) You are legally capable of entering into binding contracts;

b) You are at least 18 years old;

 

3.  How the Contract is formed between You and Us

3.1  After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product or Products.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product(s) have been dispatched (the Dispatch Confirmation).  The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

 

3.2  The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.

 

4.  Our Status

We may provide links on our Website to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking that products you purchase from third party sellers through our Website, or from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.  This DISCLAIMER does not affect your statutory rights against the third party seller.

 

5.  Consumer Rights

5.1  If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).

 

5.2  To cancel a Contract, you must inform us in writing.  You must also return the Product(s) to us immediately in the same condition in which you received them, and at your own cost and risk.  The Product(s) should be returned to The Fitwear Boutique, Returns, 39 Darwin Drive, Tonbridge, Kent, TN10 4SA.  You have a legal obligation to take reasonable care of the Products while they are in your possession.  If you fail to comply with this obligation, we may have a right of action against your for compensation.

 

6.  Availability and Delivery

6.1  We will endeavour to dispatch your Product(s) within 48 hours of payment for your order being received by us in cleared funds.  Dispatch for your order will be confirmed in the Dispatch Confirmation.

 

6.2  If any of the Products you have ordered are out of stock, we will usually hold your full order for up to 5 working days prior to dispatch.  If any Product remains out of stock we will part ship your order.  We will not charge additional delivery charges where we part ship your order.

 

6.3  Delivery dates and times on our Website are estimates only and shall not create a binding obligation on us to deliver Products by a certain date.  You should be aware that all deliveries require a signature on delivery.  If no signature is obtainable on delivery, then your Product(s) may be taken to a Royal Mail depot for collection by you.

 

7.  Risk and Ownership

 

7.1 The Products will be at your risk from the time of delivery.

 

7.2  Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

 

8.  Price and Payment

 

8.1  The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error.

 

8.2  These prices include VAT but exclude delivery costs, which will be added to the total amount due.  Our current standard delivery charges are as follows:

a) Standard UK Delivery (2nd class recorded)  FREE

b) Standard UK Delivery (1st class recorded)   £1.50

c) Delivery to all other EU countries £8.00

 

8.3  Payment for all products must be by credit or debit card.  Credit and debit card payments are accepted through Barclaycard, a third party industry recognised secure payment processor.  We cannot accept liability for errors or omission on the part of Barclaycard.

 

8.4  Prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

 

8.5  It is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures 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 Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

 

8.6  We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as a mis-pricing.

 

9.  Our Refunds Policy

 

9.1  All returns of Products should be sent to The Fitwear Boutique, Returns, 39 Darwin Drive, Tonbridge, Kent, TN10 4SA.  When you return a Product to us:

a) because you have cancelled the Contract between us within the 14 day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation.  In this case, we will refund the price of the Product in full, including the cost of sending the item to you.  However, you will be responsible for the cost of returning the item to us.

b) for any other reason, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product.  Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

 

9.2  We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

 

10.  Our Liability

 

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement.  Losses are forseeable where they could be contemplated by you and us at the time your order is accepted by us.

 

10.2  This does not include or limit in any way our liability:

a) For death or personal injury caused by our negligence;

b) Under section 2(3) of the Consumer Protection Act 1987;

c) For fraud or fraudulent misrepresentation; or

d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

 

10.3  We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to, loss of income or revenue, loss of business, loss of profits or contracts or loss of data.  Nothing in this clause 10.3 shall prevent claims for loss or damage to your tangible property that fall within the terms of clause 10.1.

 

10.4  We endeavour to ensure that information about the Products is accurate.  However, due to the nature of some of the Products they may vary from the illustrations and descriptions on our Website.

 

11. Written Communications

 

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our Website, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically compy with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

 

12.  Notices

 

All notices given by you to us must be given to The Fitwear Boutique at customerservice@thefitwearboutique.co.uk.  We may give notice to you at either the e-mail or postal address you provide to us when placing an order.  Notice will be deemed received and properly served immediately when posted on our website 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

13.  Our Right to vary these Terms and Conditions

 

We have the right to revise and amend these terms and conditions from time to time.  You will be subject to the policies and terms and conditions in force at the time that your order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

 

14.  Your Personal Information

 

14.1  When accessing our Website or ordering Products you acknowledge and agree that your personal data will be processed by and on behalf of us in connection with our supply and marketing of our Products.  We will not pass on your personal data to third parties.  If you do not wish your personal data to be used for marketing purposes, please let us know.

 

14.2  You are responsible for ensuring that all information and data that you provide to us or record on our Website is accurate and up-to-date.  You shall ensure that details of your account are kept confidential and you shall notify us immediately if your password becomes known to a third party.

 

14.3  We reserve the right to cancel your account with us at any time without notice or explanation.

 

15.  Miscellaneous

 

15.1  We shall have no liability to you under the Contract if we are prevented from, or delayed in performing our obligations under the Contract or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including the default of our suppliers.

 

15.2  We may at any time assign, transfer, charge, mortgage, sub-contract or deal in any other manner with all or any of our rights under the Contract and we may sub-contract or delegate in any manner any or all of our obligations under the Contract to any third party.

 

15.3  You acknowledge that, in entering into the Contract you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract).  Nothing in these Conditions shall limit or exclude any liability for fraud.

 

15.4  If any provision of this Contract is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from the Contract and rendered ineffective as far as possible without modifying the remaining provisions of the Contract, and shall not in any way affect any other circumstances of or the validity or enforcement of the Contract.

 

15.5  For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

 

15.6  The validity, construction and performance of the Contract shall be goverened by English law and shall be subject to the exclusive jurisdiction of the English courts to which the parties submit.