Terms & Conditions
TERMS & CONDITIONS of SALE
Please read these terms and conditions carefully before ordering any Goods/Services from our Website.
- These Terms and Conditions will apply to the purchase of the goods by you (the Customeror You). www.undies-unlimited.com is operated by Undies Unlimited (the Supplier or Us or We). We are an independent business located at Unit 4, Millar Court, 43 Station Road, Kenilworth, Warwickshire, CV8 1JD; our email address is firstname.lastname@example.org.
a) Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft, or profession;
b) Contract means the legally-binding agreement between You and Us for the supply of the Goods;
c) Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
d) Goods means the goods advertised on the Website that We supply to You of the number and description as set out in the Order;
e) Order means the Customer’s order for the Goods from the Supplier as submitted following the step-by-step process set out on the Website;
g) Website means Our Website undies-unlimited.comon which the Goods are advertised.
2. BASIS OF SALE
- The description of the Goods on our Website does not constitute a contractual offer to sell the Goods.
- All Goods which appear on the Website are subject to availability.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All Orders are subject to availability and acceptance by us (which We may refuse for any reason).
- After you submit your order, We immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. If We accept your order, We will confirm this to you by sending you a further e-mail confirming the Goods are being processed ready for dispatch at which point the contract between us ("Contract") will be formed.
- You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.
- As soon as you place your order, We start to process your order which means you will not be able to change it before delivery, but you may be able to return your Goods under clause 5 of these Terms and Conditions or under our Returns Policy.
- From time to time, We may make minor changes to Goods to reflect changes in relevant laws and regulatory requirements.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that We can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g., by giving you rights as a business.
- Please note that We may not necessarily keep a copy of your Contract. You should keep a copy of these Terms and Conditions and your order for future reference.
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- We can change the prices on our Website at any time without notice, but changes will not affect orders which We have already accepted.
- We accept payment by debit card, credit card or PayPal. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express
- You must pay for the Goods (including all applicable delivery charges), and We will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorisation to take payment from your account.
- If We accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, We may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Goods provided to you.
- If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Only one voucher code can be used per order and additional terms and conditions may apply in respect of each voucher code. We reserve the right to decline to accept any voucher code that is invalid for your order or that has expired.
- We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- Working Days excludes weekends and Bank Holidays.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, We may charge the reasonable costs of storing and redelivering them or We may end the Contract and clause 9 will apply.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, We accept an Order for delivery outside that area, You may need to pay import duties or other taxes, as We will not pay them.
- You agree We may deliver the Goods in instalments if We suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- If you wish to dispute delivery of your order, you have 14 days starting from the day that the tracking status for you order is updated by the carrier as fulfilled (i.e., updated as delivered to the address set out in the Order Confirmation). We reserve the right to request evidence, before issuing any refund of the price paid and/or any associated delivery costs.
5. YOUR RIGHT TO CANCEL THE CONTRACT (EEA CUSTOMERS ONLY)
- If you are a Consumer in the European Economic Area (“EEA”), you have a legal right to cancel a Contract, if you change your mind, until 14 days after you receive (or someone you nominate receives) the Goods, unless the Goods are split into several deliveries over different days in which case you will have until 14 days after the day you receive (or someone you nominate receives) the last delivery.
- If you wish to exercise your right to cancel, You must inform Us of your decision to cancel this Contract by a clear statement setting out your decision within the timescale set out in clause 5.1. The easiest way to do this is to contact us by email at email@example.com or by post at Undies Unlimited, Unit 4, Millar Court, 43 Station Road, Kenilworth, Warwickshire, CV8 1JD. In any event, You must be able to show clear evidence of when the cancellation was made.
- The right to cancel a Contract under clause 5.1 does not apply to goods which are not suitable for return due to health protection or hygiene reasonse., underwear or swimwear if the hygiene seal is not in place or has been broken.
- Except as set out below, if you cancel this Contract under clause 5.1, We will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
- If you cancel a Contract under clause 5.1 after the Goods have been dispatched to you, You must return them to Us. You must send back the Goods within 14 days of telling us that you wish to cancel the Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that You will have to bear the cost of returning the Goods. Please see our Returns Policy here for further information about how to return Goods to us.
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e., handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g., it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because You are liable for that loss and, if that deduction is not made, You must pay Us the amount of that loss.
- We will make the reimbursement without undue delay, and not later than:
a) 14 days after the day We receive back from you any Goods supplied, or
b) (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
8. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- As an alternative to using your rights to cancel under clause 5.1, you may wish to return an item(s) under our 14 day Returns Policy here.
- We have a legal duty to supply the Goods in conformity with the Contract. Nothing in these Terms and Conditions will affect your legal rights in relation to Goods that are faulty or defective.
- If you consider that any Goods We have supplied to be faulty or mis-described, please notify us using the contact details set out in clause 5.2. You must return such Goods to us in accordance with our reasonable instructions and the Returns Policy here, and if the Goods are faulty or mis-described We will refund the price of the Goods and the cost of delivery to you.
OUR RIGHTS TO CANCEL THE CONTRACT
- We may end the Contract at any time by writing to you if:
a) you do not make any payment to us when it 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 fulfil the Order; or
c) you do not, within a reasonable time, allow us to deliver the Order to you.
- We may also end the Contract in the circumstances set out in clause 3.6 or clause 3.7.
- If We end the Contract in any of the situations set out in clause 9.1, We will refund any money you have paid in advance for the Goods We have not provided but We may deduct or charge you reasonable compensation for the costs We will incur as a result of your breaking the Contract.
- We may end the Contract at any time by writing to you if:
EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act, event, omission, or accident beyond our reasonable control.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, We will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under clause 9 please contact us using the details set out in clause 5.2.
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations.
- Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g., loss of profit) to the Customer's business, trade, craft, or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft, or profession.
GOVERNING LAW, JURISDICTION AND COMPLAINTS
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Walesor, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs these should be addressed to Undies Unlimited by email firstname.lastname@example.org to find a solution. We will aim to respond with an appropriate solution within 3 working days.
- Questions, comments or requests regarding these Terms and Conditions or our Goods should be addressed to email@example.com
- If We have to contact you, We will do so in writing or by telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. When We refer in these Terms and Conditions to “in writing”, this includes e-mail.
- We may change these Terms and Conditions from time to time. The Terms and Conditions that apply to your Contract will be those that are displayed on our Website when you place your order.