Terms & Conditions
Terms and Conditions
- Prohibitions You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. downundergear will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
- Intellectual Property, Software and Content The intellectual property rights in all software and content made available to you on or through this Website remains the property of downundergear or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by downundergear and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by downundergear or its licensors. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of downundergear.
- downundergear Community Areas
- Submission of material By submitting any material to us, you automatically grant downundergear the royalty-free, perpetual, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also acknowledge that downundergear is not obliged to publish any material submitted by you on any downundergear publication. We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified). In certain circumstances downundergear may also share your contribution with trusted third parties. By submitting any material to us, you agree to use the downundergear Community areas in accordance with the Community Guidelines and these Terms and Conditions and the Community Terms and Conditions.
- Failure to comply If you fail to abide by these Community Rules you may be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against you. This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas of downundergear. We reserves the right to delete any contribution, at any time, for any reason. If you do not want to grant downundergear the permission set out above on these terms, please do not submit or share your contribution on the Community website.
- Terms of Sale By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information. In order to contract with downundergear you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. downundergear retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign freight charges and services may fluctuate. All prices advertised are subject to such changes.
- Pricing and Availability Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
- Promotional Discount Codes We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue.
- Disclaimer of Liability The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law downundergear and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect downundergear 's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
- Indemnity You agree to indemnify, defend and hold harmless downundergear, its directors, officers, employees, consultants, agents, and affiliates, of from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
- Variation downundergear shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
- Complaints We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
- Waiver If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- Entire Agreement The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and downundergear. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of downundergear.
Ethical Sourcing Policy As a reputable and trusted business committed to providing our customers with high quality products ‘downundergear’ acknowledges its obligation to ensure that any suppliers of our end product or components of the same are sourced from suppliers that are operating ethically in respect to employees’ health, safety and basic human rights. While ‘downundergear’ makes every attempt to source either it’s finished goods or components of same, from suppliers operating in an ethical manner it must be recognized that due to the complex nature of the supply chain it is not always possible to monitor and control the conditions of each individual supplier involved in the production of our end product. We recognize the importance of being vigilant and proactive in our approach to supporting the human rights of those involved in the manufacture of our product.