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Terms and Conditions

Welcome to the ABSOLUTE 360 Online Store located at www.absolute360.co.uk. The ABSOLUTE 360 store is a website operated by ABSOLUTE 360 and hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Introduction

Please read these Terms and Conditions carefully as the use of our website and the purchase of products from it, mean that you agree to abide to these Terms and Conditions. You will be asked to expressly agree to these Terms and Conditions before you place an order for products from our website. If you refuse to accept these Terms and Conditions, you will not be able to order any products from our website. You should save or print a copy of these Terms and Conditions for your future reference and use in connection with your purchase.

These terms and conditions only apply if you are buying as a consumer. Our Terms and Conditions do not affect your statutory rights.

The only language in which we provide these Terms and Conditions is English.

Interpretation

In these Terms and Conditions, “we” means ABSOLUTE 360 (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

Your Warranties

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

  • You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms and Conditions;
  • The information provided in your order is accurate and complete.

Order Process – The Contract

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us, unless and until we accept your order in accordance with the procedure detailed below.

After placing an order, you will receive an automated e-mail from us acknowledging that we have received your order and containing the details of your order (the “Order Confirmation E-mail”). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order and we've dispatched the product to you (the “Dispatch Confirmation E-mail”). The contract between you and us will only be formed when we send you the “Dispatch Confirmation E-mail”.

The contract will relate only to those products we have confirmed in the “Dispatch Confirmation E-mail”. We will not be obliged to supply any other products which may have been part of your order until the acceptance of such products has been confirmed in a separate “Dispatch Confirmation E-mail”.

We will not file a copy of these Terms and Conditions specifically in relation to your order. We may update the version of these Terms and Conditions on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you save or print a copy of these Terms and Conditions for your records.

Product Availability and Back Orders

All orders are subject to availability at the time of placing your order. In the unlikely event that an item is not in stock at the time you place your order we will place it on back order for you. We will e-mail you with an approximate date of availability and if this is acceptable to you, we will despatch the products as soon as they return to stock. You will have the option to cancel your order if you rather not wait. For out of stock items, delivery dates given are only estimates.

Products Disclaimer

The information provided relating to the product specification and colours, is at the time of publication accurate. We and our suppliers continually improve product ranges. The written specification may not reflect these enhancements. We aim to update specifications as soon as it is practical to do so. We reserve the right to alter product specification at any time without notice. Colours may vary from those shown. The colors you see on your screen may depend on your computer system and settings; therefore we cannot guarantee that your device will accurately display such colors.

Price and Payment

The price of any product will be as stated on our website when you place an order. In the unlikely event of a stipulated price being incorrect as a result of either typographical error or omission, we will contact you and inform you of the correct price, giving you the option of either cancelling or continuing with your order at the correct price. Should you decide to cancel and you have already paid for the products, you will receive a full refund.

We are under no obligation to provide the products to you at the incorrect (lower) price, even after we have sent you an acceptance confirmation.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an acceptance confirmation.

All prices are shown in pound sterling and include UK VAT but exclude delivery costs. Delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have the opportunity to review all of the delivery costs that apply to your purchase before you confirm your purchase. Each item in your shopping basket is shown at the current item price.

ABSOLUTE 360 Online Store does not have a price match guarantee. It will not match the advertised price other retailers offer for the same products.

Payments are processed through third party service providers. We shall not despatch the products and shall cancel the contract between you and us if payment is not received from you in full in cleared funds. We reserve the right to change our payment options at any time and for any reason.

Please do not e-mail your card details. No responsibility can be taken for the security of your details if given this way.

Import Duty

All prices quoted on our website include VAT at the standard UK rate of 20%. If you order products from our website for delivery outside the UK, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.

Delivery Policy

We aim to deliver products to you within 1-2 working days in the UK, 5-7 working days to Europe and 7-9 working days to the Rest of the World. We cannot give an exact delivery date. The maximum period of delivery would be within 30 days. We will notify you of any delays in despatch or delivery of orders. We may also deliver the products in several consignments but will not charge any extra delivery for this.

Delivery is by Royal Mail. We cannot offer any specific delivery times or dates as we rely on a third party courier/postal service. We cannot be held responsible for any consequential losses caused by delayed deliveries.

Please note that we do not despatch products on Saturdays, Sundays or Public holidays.

Delivery will be made to the address specified in your order. Please enter your address and postcode carefully and in full as we cannot be held responsible for any delay in delivery due to incorrect address details. It won’t be possible to change the delivery address after your order has been dispatched from us.

In the event that your order hasn't arrived within a reasonable period of time please contact us.

There will be no delivery until clear funds have been received.

Risk and Ownership

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

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.

Contract Cancellation by You - Distance Selling Regulations

Under the Distance Selling Regulations, you may cancel a contract at any time within 14 days after the day you received the products (subject to the exceptions set out below). Products must be received by us within 14 days of cancellation and you will receive a full refund, to the original method of payment upon inspection of the products, including any postage costs we charged you. We will not refund the postage costs from you to us unless the item is faulty or there is an error in the delivery. Due to the high incidence of fraud we regret that we are unable to offer any refund without a valid receipt/delivery note. Once a refund has been processed you are automatically advised via e-mail.

In order to cancel a contract and initiate the return process, you must inform us in writing via e-mail. You must also return the products to us immediately, accompanied by the original receipt/delivery note and in the same condition in which you received them (such as, in its original packaging with all labels attached and must not show any wear or damage). 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 you for compensation. Similarly, if you return the products at our expense, we may pass that expense on to you.

Please note that you are responsible for the safe return of the products and for all the delivery charges incurred within the process. We advise you to ensure that the products are adequately insured during any return journey, as we will not be liable for any damage or loss whilst in transit. You should always keep proof of postage (Certificate of Posting) and we advise you to use a “signed for service” when returning products.

Products accompanied by the original receipt/delivery note should be returned to:

ABSOLUTE 360

70A West Street

Tavistock

PL19 8AJ

We may extend the right of withdrawal period during holiday or other periods. If a longer period is advertised on our Website, the advertised period will apply.

EXCEPTIONS:

You will not have any such right insofar as a contract relates to:

  • The supply of products made to your specifications or clearly personalised;
  • The supply of products which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;
  • Products that have been worn;
  • Underwear (for hygiene reasons);
  • When we offer promotions that enable you to save money by purchasing a combination of products together, all of the products purchased as part of the promotion must be returned in order to receive a refund. If you choose to retain a product or you have already worn or used a product, the full retail value of the product will be deducted from the amount of your refund.

 

 

Contract Cancellation by Us

We reserve the right to cancel the contract between you and us if:

  • You fail to pay on time and in full;
  • We have insufficient stock to deliver the products you have ordered;
  • The delivery service provider does not deliver to your area;
  • One or more of the products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or
  • We have reason to suspect that there is a risk of a fraudulent transaction.

If we cancel the contract between you and us, we will immediately notify you by e-mail and will refund your account any amount already paid to us as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

Upon the cancellation of a contract we will cease to have any obligation to deliver products which are undelivered at the date of cancellation.

Guarantee and Faulty Items

All products are guaranteed for a maximum of 30 days (unless otherwise stated) from the original date of invoice against failure to provide reasonable wear due to defective workmanship or materials so long as the product was used for its intended purpose. This guarantee excludes damage caused by accident, neglect or misuse (i.e. use for other than intended purpose of item).

In the event of a product failing, please contact us with details of the product, fault and age. A proof of purchase is necessary when returning a faulty product back to us for inspection. The item must be returned in a clean and dry condition. Any items returned in a state other than that will be returned to you.

If, following our inspection, the item is found to have a genuine manufacturer’s fault; we will replace it free of charge. Please note that accidental damage, misuse, neglect and usual wear and tear are not covered by the manufacturer’s guarantee.

In the event of a product being replaced under warranty we will normally reimburse any postage costs, to a maximum of £5, which you have paid in order to return the products to us. However, we will not reimburse any additional postage costs that you have paid for services such as a priority delivery or non-mainland UK deliveries.

If any products are returned with a claim of being faulty and, following our inspection they are deemed not to be covered by the manufacturer's warranty you will be contacted and informed as soon as possible. Please note that in this instance you will be liable for all postage costs.

For further details of terms of guarantee or how to return faulty items please contact us via the “contact” form on the store page

 

 

Exchanges and Returns

Products purchased can be returned for a refund or exchange providing they are received back to us within 30 days in the same condition purchased and with a copy of the receipt/delivery note. Items must be in the original packaging with the original labels in place. Please note; a refund or exchange will not be given on underwear (for hygiene reasons) or any other item that has been worn or used; unless the item is found to have a fault. Should an item be returned with no fault but in a worn or used condition we reserve the right to deny any return or exchange and we will be returning the item back to you.

For returns and exchanges of non-faulty goods, you are responsible for carriage costs incurred getting the products returned to us. We would advise you to return any items back to us via an insured method of delivery for your protection. You will also be responsible for the carriage cost for the exchanged item to be sent back to you.

In the event of wanting to return a non-faulty item please complete the return form included with your order and post it back to us with the product we will then wherever possible action your request within 14 working days. You will receive a refund or exchange upon inspection of the item to ensure it is in original condition and meets our return/exchange criteria. If we are not able to action your return within this time period we will e-mail you. If you didn't receive a returns note, please enclose a letter including your name, address, order number and product that you are returning with your reason for return and what you'd like to be done once we receive it.

NOTE: We have a 2 person checking system to ensure goods leave us in A1 condition. Items on occasion do get damaged in transit and very occasionally we may miss a slight defect in an item. Any product received in a damaged condition must be reported to us within 72 hours of receipt. Any deliveries that arrive with packaging in an unsuitable condition, and appear to have been damaged in transit, should be signed for as “damaged” (only applicable for signed deliveries). Any warranty faults on products are treated as a separate case and are not affected.

Data Protection

Except as expressly set out in these terms and conditions, all use of your personal information will be made in accordance with our privacy policy.

For your security and to protect sensitive and confidential information all orders through our website are done via Secure Socket Layer technology.

Force Majeure

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 events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

Limitations and Exclusions of Liability

We warrant to you that any product purchased from us through our Online Store is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval.

Disclaimer

These products are not a substitute for medical care. Always seek professional medical advice for the diagnosis and treatment of pain, injury or illness.

We will not be held responsible for any losses resulting from the use of our website or from unauthorized access to, or alteration of your order data in any circumstances, further more we will not be held responsible for any loss of income or profit, time or data.

We shall not be liable for incidental or consequential damages or expenses. This includes, but is not limited to, damage to property, lost income, profits, economic or commercial losses and third parties claims.

If you misuse this website you will be directly responsible for any breach of our Terms and Conditions. Furthermore you will be liable for any loss we suffer caused as a result of your actions.

We cannot guarantee that access to our website will be uninterrupted or free of error.

We accept no responsibility if we are unable to provide our Online Store service for any reason.

We will do our best to get all orders despatched as quickly as possible. We have no liability to you for any delay in the delivery of products ordered. You have the right to cancel delayed orders at any time and get a refund prior to the item being despatched. This does not affect your statutory rights.

Law and Jurisdiction

Contracts for the purchase of products through our Online Store and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Notices and Communication

Should you have a complaint regarding ABSOLUTE 360 or any products bought from us, please write or e-mail and we will endeavour to answer you within 5 working days, with the intention of resolving all complaints fairly, confidentially, effectively and speedily.

Contact Us

If you need to contact us, please e-mail us using the “contact us” form on the store page, or alternatively write to us at the address below.

ABSOLUTE 360

70A West Street

Tavistock

PL19 8AJ

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