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Terms and Conditions

WalkWear Limited

Terms & Conditions in respect of the Sale of Goods

These Conditions set out how the relationship between You and WalkWear will operate in regard to the purchase by You of the goods sold by WalkWear on the Website.

Please read these Conditions carefully.

You may have other rights granted by law and these Conditions do not affect such rights.

The Parties

        1. Walkwear Limited is a company limited by shares registered in England (company number: 04926894) whose registered office is at Sixth Floor, Minister House, 42 Mincing Land, London, EC3R 7AE (WalkWear).
        2. You are the other party to these Conditions and will enter Your identification details into the Order Form.

Contact Information

        1. If You have any questions about Your order, or You would like to return any Goods purchased in accordance with these Conditions, please telephone us on 0845 0766358 or email us using the contact form.
        2. You can telephone WalkWear on 0845 0766358 and email at [email protected]. You can write to WalkWear at Mosaic Fulfilment Solutions Ltd, York House, Wetherby Road, Long Marston, York, YO26 7NH.

Definitions and Interpretation

        1. In these Conditions the following words and phrases shall have the following meanings:

Carrier

means the organisation contracted to deliver the Goods You have Ordered;

Conditions

means these terms and condition under which You agree to purchase the Goods;

DPA

means the Data Protection Act 1998;

Goods

any product or products available to purchase from the Website;

Order

one or more order(s) for Goods made by You from WalkWear;

Order Form

the electronic form available on the Website which can be used to Order the Goods;

Personal Data

shall have the same meaning as in the DPA;

Regulations

means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

Website

means the website located at the domain name www.walkwear.org;

Working Day

means a week day which has not been designated as a public holiday in England and Wales by the United Kingdom Government or a day designated as a public holiday in the country to which the Goods are being delivered by the government of that country.

        1. All references to a statutory provision shall be construed as including references to:
            1. any statutory modification, consolidation or re-enactment;
            2. all statutory instruments or orders made pursuant to it; and
            3. any statutory provision of which it is a modification, consolidation or re-enactment.
        2. Except where the context otherwise requires:
            1. words denoting the singular include the plural and vice versa;
            2. words denoting any gender include all genders;
            3. words denoting persons include firms and corporations and vice versa.
        3. Unless otherwise stated, a reference to a clause, sub-clause or Schedule is a reference to a clause or a sub-clause of, or a Schedule to, these Conditions.
        4. Clause headings are for ease of reference only and do not affect the construction of these Conditions.

Application of these Conditions

        1. These Conditions shall apply to the exclusion of all other terms and conditions (including any terms or conditions which You purport to apply under any purchase order, confirmation of order, specification or other document) in respect of the sale of the Goods via the Website.
        2. WalkWear reserves the right to change these Terms from time to time. Any such changes will take effect when posted on the Website and it is Your responsibility to read these Conditions on each occasion You use the Website and Your continued use of the Website shall signify Your acceptance to be bound by the latest Conditions.
        3. Your use of the Website is also governed by these Conditions and legal notices on other areas of the Website such as the WalkWear Privacy Policy and security policy, which will, together with these Conditions govern Your use of the Website.
        4. By proceeding with Your Order You acknowledge that You have not relied on any statement, promise or representation made or given by or on behalf of WalkWear which is not set out in these Conditions.

Contracting

        1. The technical steps required for the contract between You and WalkWear to be made are as follows:
            1. You will be guided through the process of placing an Order by a series of simple instructions on the Website.
            2. Once You have decided on the Goods You wish to purchase You place the Order for such Goods by entering the information in respect of the Goods into the Order Form and pressing the confirm order button at the end of the checkout process.
            3. You will then be shown a copy of Your Order on the screen. If any part of it is incorrect please amend Your Order.
            4. You will then be asked to pay for the Goods.
            5. Once the Order has been paid for WalkWear will send You an email accepting Your Order.
            6. Order acceptance and the completion of the contract between You and WalkWear will take place when the confirmation email setting out Your Order is sent to You, unless WalkWear has notified You that WalkWear does not accept Your order, or You have cancelled it in accordance with the instructions on the Change Your Order page of the Website.
            7. If express shipping has been selected You will receive an additional email confirming despatch of the Goods and providing the online tracking information.
        2. WalkWear has taken every care in the preparation of the content of the Website, and in particular to ensure that:
            1. prices quoted are correct at time of publishing; and
            2. the Goods have been fairly described.
        3. WalkWear may only accept Orders if there are no material errors in the description of the Goods or their prices as advertised on the Website.
        4. Non-acceptance of an Order may be a result of one of the following:
            1. one or more of the Goods You included in Your Order being unavailable;
            2. WalkWear’s inability to obtain authorisation of Your payment;
            3. the identification of a pricing or product description error;
            4. You not meeting the eligibility criteria to place an Order as set out in these Conditions.
        5. The contract between You and WalkWear is in English and is not available in any other languages.
        6. The details of Your specific contract will not be filed by WalkWear. Therefore, WalkWear advises that You print these Conditions when placing an Order. However if You wish to find out any information in respect of the Order please contact WalkWear using the information provided above.
        7. WalkWear is under a legal duty to supply to you goods which are in conformity with these Conditions.

Cancellation

        1. In respect of all contracts where the purchase price is greater than £42 which concluded on or after 13 June 2014, under the Regulations, You have the legal right to cancel Your Order from the time the contract is made until the expiry of the fourteenth day following receipt of the Goods by You or Your nominated representative without giving any reason.
        2. The right of cancellation referred to in 6.1 above shall not apply to the purchase of perishable items such as food; items such as, but not limited to, swimwear or underwear that, by reason of their nature, cannot be returned; and special orders including those which may have been personalised in any way.
        3. In summary:
            1. You have the right to cancel these conditions within 14 days without giving any reason;
            2. the cancellation period with expire after fourteen (14) days from the day on which You acquire, or a third party indicated by You acquires, physical possession of the Goods, or where the Goods are delivered in multiple packages when You acquire physical possession of the last piece;
            3. to exercise the right to cancel, You must inform WalkWear of your decision to cancel these Conditions by a clear statement (e.g. a letter sent by post, fax or e-mail) including your name and geographical address and, where available, your telephone number, fax number and e-mail address. You may use the model cancellation form from the Regulations which is available on the Website, but this is not obligatory. If using the model form on the Website You must fill this in electronically and submit the form via the Website;
            4. if You use the form on the Website, WalkWear will communicate to You an acknowledgement of receipt of such cancellation on a durable medium (e.g. e-mail) without delay;
            5. to meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired;
            6. if you cancel these Conditions, 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 WalkWear);
            7. WalkWear 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;
            8. WalkWear will make the reimbursement without undue delay, and not later than:
                1. fourteen (14) days after the day WalkWear receives back from You any Goods supplied;
                2. (if earlier) fourteen (14) days after the day You provide evidence that You have returned the Goods; or
                3. if there were no Goods supplied, fourteen (14) days after the day on which we are informed about Your decision to cancel this contract
            9. WalkWear 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;
            10. WalkWear may withhold reimbursement until WalkWear has received the Goods back or You have supplied evidence of having sent back the Goods, whichever is the earliest;
            11. if you have received the Goods, You will send back the Goods or hand them over to WalkWear without undue delay and in any event not later than fourteen (14) days from the day on which you can communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of fourteen (14) days has expired;
            12. You will have to bear the direct cost of returning the Goods by post;
            13. You are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

Description

        1. The quality and description of the Goods shall be as set out in the Website.
        2. All drawings, pictures, descriptive matter, specifications and advertising issued by WalkWear and any descriptions or illustrations contained in WalkWear’s catalogues or brochures or on the Website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of these Conditions.
        3. Please note that the colours of the Goods are as accurate as the Website allows. As the actual colours You see will depend on Your monitor, WalkWear cannot guarantee that Your monitor's display of any colour will accurately reflect the colour of the product on delivery.

Price and Payment

        1. All prices are displayed on the Website in pounds sterling and are inclusive of VAT at the prevailing rate changed in the UK. The WalkWear VAT number is 800 8528 48. The price for the Goods shall be exclusive of delivery and insurance, all of which amounts You shall pay in addition to the cost of the Goods.
        2. Whilst You can also view on the Website the prices of the Goods in Euro and US Dollars, these are approximate amounts and the amount charged to You in respect of the Goods shall be the price in pounds sterling. Should Your credit or debit card be billed in Euro or US Dollars the amount charged to You shall be the equivalent to the pound sterling costs on the basis of the exchange rate charged by Your credit card or debit card provider on the day of Your purchase.
        3. By submitting Your Order You are offering to buy the Goods at the prices set out in the Website.
        4. The prices stated by WalkWear at the time it receives Your Order are the prices You pay except where WalkWear discovers an error in the price of the Goods You have ordered. In this event, WalkWear will inform You as soon as possible after receiving Your Order and give You the option of reconfirming Your Order at the correct price or canceling Your Order. If WalkWear are unable to contact You WalkWear will treat the Order as cancelled.
        5. Payment is made through the Streamline Secure Payment Server.
        6. All payments:
            1. must be made at the time of placing the Order, by credit card or debit card. WalkWear accepts MasterCard, Visa, Visa Delta and Maestro;
            2. shall be made in pounds sterling.
        7. If WalkWear is unable to accept Your Order for any reason then WalkWear shall, at its option, either:
            1. not debit Your credit card or debit card; or
            2. refund any money paid by You in respect of that Order.
        8. Time for payment shall be of the essence. No payment shall be deemed to have been received until WalkWear has received cleared funds.

Delivery

        1. WalkWear is able to deliver Your Goods to any address within the UK, mainland Europe and the United States of America. Delivery to other jurisdictions may be possible at WalkWear’s sole discretion.
        2. Selecting the delivery address:
            1. When You have selected the Goods that You wish to purchase from WalkWear, the delivery address will default automatically to the billing address associated with Your payment card.
            2. However, should You wish to send the Goods to an alternative address then You can enter this in the Order Form as You proceed through the checkout process. The alternative address can be either residential or business.
        3. Please note that on delivery WalkWear’s Carriers may need to obtain a signature from You. If a signature is required, WalkWear’s carriers will not be able to deliver Goods without such signature.
        4. There is only one delivery charge per Order which is applied based on the destination of the Order. On Orders weighing less than two (2) kilograms the current charges per Order (as at 30 March 2012) inclusive of VAT at the prevailing rate charged in the UK for delivery to the following locations are:
            1. within the UK - express £7.50;
            2. within the UK - standard Royal Mail 2-3 Day service £4.95
        5. If Your Order is to be delivered:
            1. within the UK using the express service it will normally be dispatched within three (3) Working Days of the Order being confirmed and normally be delivered within two (2) Working Days of dispatch;
            2. within mainland Europe using the standard service it will normally be dispatched within three (3) Working Days of the Order and normally be delivered within ten (10) Working Days of dispatch;
            3. within mainland Europe using the express service it will normally be dispatched within three (3) Working Days of the Order being confirmed and normally be delivered within five (5) Working Days following dispatch;
            4. within the UK using the standard service it will normally be dispatched within three (3) working Days of the Order being confirmed and normally be delivered within three (3) to five (5) Working Days following dispatch;
            5. to the United States of America using the standard service it will normally be dispatched within three (3) Working Days of the Order and be normally delivered within twenty-eight (28) days following dispatch;
            6. to the rest of the world using the standard service it will normally be dispatched within three (3) Working Days of the Order and normally be delivered within twenty-eight (28) days following dispatch.
        6. WalkWear makes every effort to deliver Goods within the estimated timescales, however delays are occasionally occur due to unforeseen factors. WalkWear shall not be liable for any delay or failure to deliver the Goods within the timescales set out in these Conditions or the Website (which are estimates only). The time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within twenty-eight (28) days of the Goods being confirmed as being in stock.
        7. Ownership shall pass to You on delivery which shall take place when the Carrier delivers the Goods to You. Risk of loss or damage to the Goods shall pass to You at the time the Goods are delivered.
        8. WalkWear shall not deliver the Goods until it has been paid in full for the Goods.
        9. Subject to the other provisions of these Conditions WalkWear shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by WalkWear's negligence).
        10. If for any reason You fail to accept delivery of any of the Goods when they are ready for delivery, WalkWear shall be entitled to terminate the Order and refund any payment that has been made.
        11. The quantity of any consignment of Goods as recorded by WalkWear upon dispatch from WalkWear's place of business shall be conclusive evidence of the quantity received by You on delivery unless You can provide conclusive evidence proving the contrary.
        12. WalkWear shall not be liable for any non-delivery of Goods (even if caused by WalkWear's negligence) unless You give written notice to WalkWear of the non-delivery within fourteen (14) days of the date when the Goods would in the ordinary course of events have been received.
        13. Any liability of WalkWear for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time.

Complaints

        1. WalkWear aims to deal with all complaints as effectively as possible. Our complaints handling procedure is designed to be fair, confidential, easy to use, speedy and informative. If You wish to make a complaint please contact WalkWear by mail, telephone or email at the telephone number, address and email address specified in Clause 1.2 above.
        2. Please provide full details of the nature of Your complaint, including the Goods purchased, Your order number, Your name, address, daytime telephone number, email address and any other information which You think will assist WalkWear in resolving Your problem as quickly as possible.

Returns

        1. If You wish to return any Goods to WalkWear, or make an exchange of the Goods You may do so without affecting Your statutory rights:
            1. in respect of any Goods where You establish there is a fault, providing You do so thirty (30) days of delivery. Subject to confirmation of the fault, WalkWear will repair or replace the Goods or refund the price of the Goods at Your option; or
            2. for any reason You may do so within fourteen (14) days of the date of dispatch. WalkWear will refund the price of the Goods, providing it is in a saleable condition and is in its original, undamaged packaging.
        2. Please note that, unless faulty, WalkWear cannot exchange or accept a return of swimwear, underwear or personalised goods due to the nature of the Goods.
        3. Unless they are faulty, WalkWear cannot exchange or accept return of any part-sold promotional materials.
        4. If You would like to return any Goods to WalkWear then You can do so by returning the Goods to WalkWear including a copy of Your original Order and a contact telephone number.

Limitation of liability

        1. WalkWear’s total liability for any breach of these Conditions shall be limited to the total amount paid to WalkWear under these Conditions.
        2. The information contained in the material on this Website is only for information purposes. WalkWear has not provided any legal, financial or other advice within the Website. The material in this Website does not constitute advice and You should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
        3. WalkWear does not make any promises or warranties about the Goods. The Goods are sold in accordance with the manufacturer's specification, subject to any qualification or representation contained in the Website.
        4. In the absence of any negligence other than breach of duty by WalkWear, Your use of any Goods other than in accordance with their operating manuals and/or instructions is entirely at Your own risk.
        5. WalkWear will take all reasonable precautions to keep the details of Your Order and payment secure, but, unless WalkWear are negligent, WalkWear cannot be held liable for any losses caused as a result of unauthorised access to information provided by You.
        6. The Website provides web-links (and other contact details) to other websites that offer products, services and materials WalkWear think will be of interest to You. WalkWear has no control over such websites and resources and accepts no liability for any products, services, materials or information contained on or available through linked websites or otherwise provided by any other company/organisation referred to on the Website. WalkWear provides these links for Your convenience only but does not necessarily endorse the material on these websites.
        7. No linked websites are covered by these Conditions, therefore, You should check what terms cover the use of these websites before using them. Your visiting of any external websites via links from this Site is entirely at Your own risk. Where it is possible for You to transact through any linked website with a third party, such transactions shall be (and any rights and obligations shall arise) solely between You and the third party. Therefore, You should ensure that You carefully read the terms and conditions for the accessing and use of such websites and resources and, if You suffer losses as a result of accessing and/or using such third party websites and resources, You must claim against the third party and not WalkWear.
        8. Unless otherwise specified, the materials on the Website are directed solely at those who access the Website from the United Kingdom. WalkWear makes no representation that any products or services referred to in the materials on the Website are appropriate for use, or available, in other locations. Those who choose to access the Website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
        9. If either You or WalkWear are in breach of the arrangements under these Conditions, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by both You and WalkWear at the time You place an Order.
        10. WalkWear shall not have any liability to You in respect of any resale made by You of any of the Goods, or of any product incorporating any of the Goods.
        11. Nothing in these Conditions excludes or limits the liability of WalkWear:
            1. for death or personal injury caused by WalkWear’s negligence;
            2. under section 2(3), Consumer Protection Act 1987;
            3. for any matter which it would be illegal for WalkWear to exclude or attempt to exclude its liability; or
            4. for fraud or fraudulent misrepresentation.

Intellectual Property

        1. You may only link to the Website with WalkWear’s prior written permission. WalkWear reserves the right to remove any links to the Website that it deems are inappropriate without notice.
        2. WalkWear, Walk the Walk, The MoonWalk, The SunWalk and other marks indicated on the Website are trade marks or registered trade marks of Walk the Walk Worldwide, a company limited by guarantee which is registered in Scotland.
        3. All copyright and other intellectual property rights in the materials on the Website are owned by WalkWear unless otherwise indicated. Subject to Clause 13.5 below You may download, print or copy any material from the Website that You wish, provided it is for Your own personal, non-commercial use and You keep in place all original copyright notices or other intellectual property notices.
        4. Subject to Clause 13.2 above, You may not copy, modify, alter, distribute, publish, sell or otherwise use any material on the Website in whole or in part, unless You have obtained the prior written consent of WalkWear.
        5. You may not download any photographs from the Website without the prior written permission of WalkWear which may be withheld in its absolute discretion.
        6. Any permission to download materials from the Website does not grant You permission to download any materials from any website which is linked to the Website in any way.

Assignment

        1. WalkWear may assign these Conditions or any part of it to any person, firm or company.
        2. You shall not be entitled to assign these Conditions or any part of it without the prior written consent of WalkWear.

Force majeure

        1. WalkWear reserves the right to defer the date of delivery or to cancel the contract arising from these Conditions or reduce the volume of the Goods ordered by You (without liability to You) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of WalkWear including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of one hundred (100) days, You shall be entitled to give notice in writing to WalkWear to terminate these Conditions.

Data Protection

        1. WalkWear processes the Personal Data submitted by You for the purposes set out in its Privacy Policy.
      1. Privacy and Electronic Communications (EC Directive) Regulations 2003
        1. By giving WalkWear Your email address WalkWear will be able to respond to the questions that You raise. If You would like to receive any other information from WalkWear by electronic communication, please tick the relevant box in the Order Form.

Legal jurisdiction and dispute resolution

        1. English law shall apply to these Conditions.
        2. You and WalkWear irrevocably agree that the courts in England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Conditions or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

Disclaimers

        1. WalkWear may not necessarily keep a copy of these Conditions and Your order. WalkWear advise You to print a copy of them for Your information in the future.

Waiver

        1. No waiver by WalkWear of any breach of the terms of these Conditions by You shall be considered as a waiver of any subsequent breach of the same or any other provision.

Third Parties

        1. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Conditions. No person who is not a party to these Conditions (including any employee, officer, agent, representative or subcontractor of either party other than those named as a party) shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any term of these Conditions which expressly or by implication confers a benefit on that person without all WalkWear’s express prior agreement in writing which agreement must refer to this clause.
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