Terms and Conditions
Thispage (together with the documents referred to on it) tells you the terms andconditions on which we supply any of the products (Products) listed on our website exclusiveuniform.com (our site) toyou.Please read these terms andconditions carefully before ordering any Products from our site.You should understand that by ordering any ofour Products, you agree to be bound by these terms and conditions.
Youshould print a copy of these terms and conditions for future reference.
Pleaseclick on the button marked "I Accept" at the end of these terms andconditions if you accept them.Pleaseunderstand that if you refuse to accept these terms and conditions, you willnot be able to order any Products from our site.
1.Information about us
1.1 Exclusiveuniform.com is a site operated by Suit and Suit Limited(we).We are registered in England and Wales.
By placing an order through our site,you warrant that:
(a) Youare legally capable of entering into binding contracts;
(b) Youare at least 18 years old.
3. Howthe contract is formed between you and us
3.1 Afterplacing an order, you will receive an e-mail from us acknowledging that we havereceived your order.Please note thatthis does not mean that your order has been accepted.Your order constitutes an offer to us to buya Product.All orders are subject toacceptance by us, and we will confirm such acceptance to you by sending you ane-mail that confirms that the Product has been dispatched (the Dispatch Confirmation).The contract between us (Contract) will only be formedwhen we send you the Dispatch Confirmation.
3.2 TheContract will relate only to those Products whose dispatch we have confirmed inthe Dispatch Confirmation.We will notbe obliged to supply any other Products which may have been part of your orderuntil the dispatch of such Products has been confirmed in a separate DispatchConfirmation.
Pleasenote that in some cases, we accept orders as agents on behalf of third partysellers.The resulting legal contract isbetween you and that third party seller, and is subject to the terms andconditions of that third party seller, which they will advise you ofdirectly.You should carefully reviewtheir terms and conditions applying to the transaction.
Wemay also provide links on our site to the websites of other companies, whetheraffiliated with us or not.We cannotgive any undertaking, that products you purchase from third party sellersthrough our site, or from companies to whose website we have provided a link onour site, will be of satisfactory quality, and any such warranties areDISCLAIMED by us absolutely.This DISCLAIMERdoes not affect your statutory rights against the third party seller.We will notify you when a third party isinvolved in a transaction, and we may disclose your customer informationrelated to that transaction to the third party seller.
6.1 Ifyou are contracting as a consumer, you may cancel a Contract at any time withinseven working days, beginning on the day after you received the Products.In this case, you will receive a full refundof the price paid for the Products in accordance with our refunds policy (setout in clause 10 below).
6.2 Tocancel a Contract, you must inform us in writing. You must also return theProduct(s) to us immediately, in the same condition in which you received them,and at your own cost and risk.You havea legal obligation to take reasonable care of the Products while they are inyour possession. If you fail to comply with this obligation, we may have aright of action against you for compensation.
6.3 Detailsof this statutory right, and an explanation of how to exercise it, are providedin the Dispatch Confirmation.Thisprovision does not affect your statutory rights.
7. Availabilityand delivery
Your order will be fulfilled by thedelivery date set out in the Dispatch Confirmation or, if no delivery date isspecified, then within 30 days of the date of the Dispatch Confirmation,unless there are exceptional circumstances.
8.1TheProducts will be at your risk from the time of delivery.
8.2Ownershipof the Products will only pass to you when we receive full payment of all sumsdue in respect of the Products, including delivery charges.
9. Priceand payment
9.1 Theprice of any Products will be as quoted on our site from time to time, exceptin cases of obvious error.
9.2 Theseprices include VAT but exclude delivery costs, which will be added to the totalamount due as set out in our Delivery Guide.
9.3 Pricesare liable to change at any time, but changes will not affect orders in respectof which we have already sent you a Dispatch Confirmation.
9.4 Oursite contains a large number of Products and it is always possible that,despite our best efforts, some of the Products listed on our site may beincorrectly priced.We will normallyverify prices as part of our dispatch procedures so that, where a Product'scorrect price is less than our stated price, we will charge the lower amountwhen dispatching the Product to you.Ifa Product’s correct price is higher than the price stated on our site, we willnormally, at our discretion, either contact you for instructions beforedispatching the Product, or reject your order and notify you of such rejection.
9.5 Weare 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 pricingerror is obvious and unmistakeable and could have reasonably been recognised byyou as a mis-pricing.
9.6 Paymentfor all Products must be by credit or debit card, paypal and via bank transfer.
10. Ourrefunds policy
10.1Whenyou return a Product to us:
(a)becauseyou have cancelled the Contract between us within the seven-day cooling-offperiod (see clause 6.1above), we will process the refund due to you as soon as possible and, in anycase, within 30 days of the day you have given notice of your cancellation. Inthis case, we will refund the price of the Product in full, including the costof sending the item to you.However, youwill be responsible for the cost of returning the item to us.
(b)forany other reason (for instance, because have notified us in accordance withparagraph 20 that you do not agree to any change in these terms and conditionsor in any of our policies, or because you claim that the Product is defective),we will examine the returned Product and will notify you of your refund viae-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 thatyou were entitled to a refund for the defective Product. Products returned byyou because of a defect will be refunded in full, including a refund of thedelivery charges for sending the item to you and the cost incurred by you inreturning the item to us.
(c)We can't offer refunds or exchanges, unless faultyor not as described, on the following items:
- products which have been personalised for you
- made to order products
- printing order
- embroidery order
(d)Where a product has been specially ordered for you,unless faulty, we're unable to refund or offer an exchange. We're unable toaccept cancellations for these orders, unless within 48 hours of the orderbeing placed.
10.2Wewill usually refund any money received from you using the same methodoriginally used by you to pay for your purchase.
11.1 Wewarrant to you that any Product purchased from us through our site is ofsatisfactory quality and reasonably fit for all the purposes for which productsof the kind are commonly supplied.
11.2 Ourliability for losses you suffer as a result of us breaking this agreementincluding deliberate breaches is strictly limited to the purchase price of theProduct you purchased and any losses which are a foreseeable consequence of usbreaking the agreement. Losses are foreseeable where they could be contemplatedby you and us at the time your order is accepted by us.
11.3 Thisdoes not include or limit in any way our liability:
(a) Fordeath or personal injury caused by our negligence;
(b) Undersection 2(3) of the Consumer Protection Act 1987;
(c) Forfraud or fraudulent misrepresentation; or
(d) Forany matter for which it would be illegal for us to exclude, or attempt toexclude, our liability.
11.4 Weare not responsible for indirect losses which happen as a side effect of themain loss or damage even if such losses result from a deliberate breach ofthese Terms by us that would entitle you to terminate the contract between us,including but not limited to:
(a) lossof income or revenue
(b) lossof business
(c) lossof profits or contracts
(d) lossof anticipated savings
(e) lossof data
(f) lossof data, or
(g) wasteof management or office time however arising and whether caused by tort(including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 11.4shall not prevent claims for loss of or damage to your tangible property thatfall within the terms of clause 11.1or clause 11.2or any other claims for direct financial loss that are not excluded by any ofcategories (a) to (g) inclusive of this clause 11.4.
11.5 Whereyou buy any Product from a third party seller through our site, the seller'sindividual liability will be set out in the seller's terms and conditions.
12.1 If you order Products from our site for delivery outside the UK, they may besubject to import duties and taxes which are levied when the delivery reachesthe specified destination.You will beresponsible for payment of any such import duties and taxes.Please note that we have no control overthese charges and cannot predict their amount.Please contact your local customs office for further information beforeplacing your order.
12.2 Pleasealso note that you must comply with all applicable laws and regulations of thecountry for which the products are destined.We will not be liable for any breach by you of any such laws.
Applicable laws require that some ofthe information or communications we send to you should be in writing.When using our site, you accept thatcommunication with us will be mainly electronic.We will contact you by e-mail or provide youwith information by posting notices on our website.For contractual purposes, you agree to thiselectronic means of communication and you acknowledge that all contracts,notices, information and other communications that we provide to you electronicallycomply with any legal requirement that such communications be in writing.This condition does not affect your statutoryrights.
All notices given by you to us must begiven to EXCLUSIVEUNIFORM LIMITED at 120 Ashton Road, Denton, Manchester M34 3JE.We may give notice to you at either the e-mail or postal address you provide tous when placing an order, or in any of the ways specified in clause 13above.Notice will be deemed receivedand properly served immediately when posted on our website, 24 hours afteran e-mail is sent, or three days after the date of posting of anyletter.In proving the service of anynotice, it will be sufficient to prove, in the case of a letter, that suchletter was properly addressed, stamped and placed in the post and, in the caseof an e-mail, that such e-mail was sent to the specified e-mail address of theaddressee.
15.Transfer of rights and obligations
15.1 The contract between you and us is binding on you and us and on our respectivesuccessors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any ofyour rights or obligations arising under it, without our prior writtenconsent.
15.3 Wemay transfer, assign, charge, sub-contract or otherwise dispose of a Contract,or any of our rights or obligations arising under it, at any time during theterm of the Contract.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay inperformance of, any of our obligations under a Contract that is caused byevents outside our reasonable control (Force Majeure Event).
16.2 AForce Majeure Event includes any act, event, non-happening, omission oraccident beyond our reasonable control and includes in particular (withoutlimitation) the following:
(a) Strikes,lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war(whether declared or not) or threat or preparation for war.
(c) Fire,explosion, storm, flood, earthquake, subsidence, epidemic or other naturaldisaster.
(d) Impossibilityof the use of railways, shipping, aircraft, motor transport or other means ofpublic or private transport.
(e) Impossibilityof the use of public or private telecommunications networks.
(f) Theacts, decrees, legislation, regulations or restrictions of any government.
16.3 Ourperformance under any Contract is deemed to be suspended for the period thatthe Force Majeure Event continues, and we will have an extension of time forperformance for the duration of that period.We will use our reasonable endeavours to bring the Force Majeure Eventto a close or to find a solution by which our obligations under the Contractmay be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strictperformance of any of your obligations under the Contract or any of these termsand conditions, or if we fail to exercise any of the rights or remedies towhich we are entitled under the Contract, this shall not constitute a waiver ofsuch rights or remedies and shall not relieve you from compliance with suchobligations.
17.2 Awaiver by us of any default shall not constitute a waiver of any subsequentdefault.
17.3 Nowaiver by us of any of these terms and conditions shall be effective unless itis expressly stated to be a waiver and is communicated to you in writing inaccordance with clause 14above.
If any of these terms and Conditionsor any provisions of a Contract are determined by any competent authority to beinvalid, unlawful or unenforceable to any extent, such term, condition orprovision will to that extent be severed from the remaining terms, conditionsand provisions which will continue to be valid to the fullest extent permittedby law.
19.1 These terms and conditions and any document expressly referred to in them constitutethe whole agreement between us and supersede any previous arrangement,understanding or agreement between us, relating to the subject matter of anyContract.
19.2 We each acknowledge that, in entering into a Contract, (and the documents referredto in it), neither of us relies on any statement, representation, assurance orwarranty (Representation) of anyperson (whether a party to that Contract or not) other than as expressly setout in these terms and conditions.
19.3 Each of us agrees that the only rights and remedies available to us arising out ofor in connection with a Representation shall be for breach of contract asprovided in these terms and conditions.
19.4 Nothingin this clause shall limit or exclude any liability for fraud.
20. Ourright to vary these terms and conditions
20.1 We have the right to revise and amend these terms and conditions from time to timeto reflect changes in market conditions affecting our business, changes intechnology, changes in payment methods, changes in relevant laws and regulatoryrequirements and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the timethat you order products from us, unless any change to those policies or theseterms 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 wenotify you of the change to those policies or these terms and conditions beforewe send you the Dispatch Confirmation (in which case we have the right toassume that you have accepted the change to the terms and conditions, unlessyou notify us to the contrary within seven working days of receipt by youof the Products).
21. Lawand jurisdiction
Contracts for the purchase of Productsthrough our site and any dispute or claim arising out of or in connection withthem or their subject matter or formation (including non-contractual disputesor claims) will be governed by English law.Any dispute or claim arising out of or in connection with such Contractsor their formation (including non-contractual disputes or claims) shall besubject to the non-exclusive jurisdiction of the courts of England and Wales.