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Terms and conditions of trading for ValisÉre online

  1. 1: Interpretation and Definitions

    1. 1.1: In these conditions the following words have the following meanings:
      1. You or Your : the customer
      2. We, Us, Our: Triumph International Limited (Company Number 536483) whose registered office is at Arkwright Road ; Groundwell, Swindon , SN25 5BE ;
      3. Contract: the contract made between You and Us for the sale and purchase of the Goods, which incorporat­es these Terms and Conditions;
      4. Goods: The items of Valisere underwear ordered by You.
      5. Website: www.valisere.com

  2. 2: Creation of Contract

    1. 2.1: The following steps will need to occur in order for a Contract to be created:
      1. You place an order on the Website by pressing the “SUBMIT ORDER” button at the end of the checkout process
      2. We will then send You an acknowledgement of order email, please note, this is not a confirmation that we have accepted your order
      3. Acceptance and completion of the Contract will take place on the despatch of the Goods from the warehouse
    2. 2.2: These conditions will apply each time You submit an order for Goods on the Website. Any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by Us.
    3. 2.3 We shall have the right to refuse to accept any order submitted by You where:
      1. The Goods are not available in stock
      2. We are unable to obtain authorisation to enable Your payment to be made
      3. We identify that the Goods have been wrongly priced or described.

        Where this is necessary we will advise you by email as soon as reasonably practicable.

  3. 3: Description

    1. 3.1: We have tried as far as possible to ensure that the descriptions and photographs of Goods appearing on the Website are as accurate as possible. If for any reason You are not completely satisfied with the Goods when they arrive We will exchange or refund them. Please see our returns policy for further details.

  4. 4: Delivery


    AUGUST BANK HOLIDAY DELIVERIES
    All orders taken from midday Friday 22nd August 2008 until midnight Monday 25th August 2008 will be processed from Tuesday 26th 2008.

    1. 4.1: Delivery charges:
      Please see chart below for delivery charges:

      UK Postage Charges

      POSTAGE TYPE Cost Description
      UK
      STANDARD       		£2.50 (£2.94 inc VAT) Delivery 3 - 5 working days
      UK
      EXPRESS       		£4.00 (£4.70 inc VAT) Delivered next day before 1pm. Signature required on receipt of order
      All orders £30+ FREE Delivered 3 - 5 working days
      European Postage Charges
      POSTAGE TYPE Cost Description
      Europe
      STANDARD       		£4.00 (£4.70 inc VAT) Delivered 5 - 10 working days
      Europe
      PREMIUM       		£7.50 (£8.81 inc VAT) Delivered 3 - 5 working days
      All orders £30+ FREE Delivered 5 - 10 working days

      Please note: All countries listed below are classed as European countries

      Albania, Andorra, Armenia, Austria, Azerbaijan, Azores, Balearic Islands, Belarus, Belgium, Bosnia, Herzegovina, Bulgaria, Canary Islands, Corsica, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Faroe Islands, Finland, France, Georgia, Germany, Gibraltar, Greece, Greenland, Hungary, Iceland, Irish Republic, Italy, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Madeira, Malta, Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan, Vatican City State.

      Rest of the World Postage Charges

      POSTAGE TYPE Cost Description
      Rest of World
      STANDARD       		£7.50 (£8.81 inc VAT) Delivered 5 - 10 working days
      Rest of World
      PREMIUM       		£10.00 (£11.75 inc VAT) Delivered 3 - 5 working days
      All orders £30+ FREE Delivered 5 - 10 working days

      Please note: Rest of the world postal charges refer to all countries outside UK and Europe.

      If you have any queries relating to postage charges please email Valisere.customer@triumph.com

    2. 4.2: Where we do not have the requested goods in stock, we will contact you by email to ask whether you would prefer to wait for the stock to arrive before your order is dispatched, or whether you would like a refund. If you do not respond part of your order will be dispatched, the remaining items will then follow at a later date.
    3. 4.3: Orders for delivery within the UK will be sent using Royal Mail delivery service
    4. 4.4: Orders for delivery outside the UK will be sent using Royal Mail International airmail service
    5. 4.5: Where you have ordered a number of different Goods We may deliver the Goods either together as one delivery, or by separate deliveries . Each delivery will be treated as a separate Contract and no cancellation or termination of any one Contract will entitle You to repudiate or cancel any other Contract. We will not of course charge an additional delivery charge where Goods are delivered separately.
    6. 4.6: Subject to the other provisions of these conditions We will 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 like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.

  5. 5: Non-Delivery or Damage in Transit

    1. 4.1: We will not be liable for any non-delivery of Goods (even if it is Our fault ) unless You have notified us that the Goods haven't arrived within 10 days of the date of the despatch confirmation email referred to in clause 2.1 (c) above.
    2. 4.2: Our liability for non-delivery of the Goods shall be limited to replac­ing the Goods within a reasonable time or refunding You the price, including any delivery charge, paid for such Goods.
    3. 4.3: We will use all reasonable endeavours to ensure that the Goods are appropriately packaged, however should the Goods be damaged in transit then We will refund or exchange the damaged Goods, provided that the damaged Goods are returned to Us within 7 days of receipt, in accordance with our returns policy.

  6. 6: Price

    1. 6.1: Unless Your billing and delivery address is outside of the EC, you will need to pay the VAT inclusive price. By default the Website displays the VAT inclusive price when browsing. The 'checkout' total will give a detailed billing amount. If you are logged on, the 'checkout' will display the invoice with VAT total depending on your country.
    2. 6.2: In addition to the price listed against each Good there may be a delivery charge calculated in accordance with the delivery charges table

  7. 7: Payment

    1. 7.1: You can find details of the various ways that you can pay for Goods on the Website in the Shop Info section. Where you pay online we will not collect, process or store any of your credit card data on our Website. Instead you will be redirected to the HSBC bank directly, therefore no financial transactions occur on our website. Valisere accepts most major debit and credit cards, for example:
      1. Visa
      2. Switch/Maestro
      3. Mastercard
      4. Solo

  8. 8: Quality

    1. 8.1: We warrant that (subject to the other provisions of these conditions) upon delivery the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
    2. 8.2: However, We will not be liable for a breach of the warranty in condition 8.1 unless:
      1. You give Us written notice of the defect within 7 days of the time when You discover or ought to have discovered the defect; and
      2. We are given a reasonable opportunity after receiving such notice of examining any defective Goods. In order to do so, we may ask You to return the Goods to Us. If We do ask you to return them, We will of course pay any postage or packing costs You may occur in so doing.
      3. We will not be liable for a breach of the warranty in condition 8.1 if: You make any further use of such Goods after giving such notice; or
      4. the defect arises because You failed to follow Our writ­ten instructions in relation to washing.
    3. 8.3: Subject to the points raised in clauses 8.2 and 8.3 above , if any of the Goods do not conform with the warranty in clause 8.1 We will either replace such Goods or refund You the price of such Goods including any delivery charges
    4. 8.4: Where We refund or replace the Goods in accordance with this clause, We will have no further liability to You in respect of the defective Goods.

  9. 9: Refunds and Exchanges

    1. 9.1 Where You wish to return or exchange any Goods, You must follow the procedure set out below:
      1. The Goods should be sent back to Us in their original packaging within 7 days of receipt;
      2. You should include with any returned Goods a copy of the invoice and a brief note detailing the reason for return;
      3. Where you wish to exchange or refund the Goods please enclose your refund/exchange sheet enclosed within your order. If you wish to have an exchange, goods must be for the same amount or less. To download a refund/exchange form please click here.
    2. 9.2 For hygiene reasons We regret that We cannot exchange or return any Goods which have been worn or washed, unless they are faulty.
    3. 9.3 When returning any Goods to Us, We suggest that You use a recorded delivery service, as We are unable to accept responsibility for any Goods which are lost or damaged in transit.
    4. 9.4 Where You are returning Goods, We will refund the purchase price for the Goods by crediting Your account. We regret that We are unable to refund You any delivery charges paid in addition to the price of the Goods.

  10. 10: Limitation Of Liability

    1. 10.1 Subject to conditions 4 and 8, the following provisions set out Our entire financial liability to You in respect of:
      1. any breach of these conditions;
      2. any use made or resale by You of any of the Goods; and
      3. any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
    2. 10.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
    3. 10.3 Nothing in these conditions seeks to exclude or limit Our liability:
      1. for death or personal injury caused by Our negligence;
      2. under section 2(3) Consumer Protection Act 1987;
      3. for any matter which it would be illegal for Us to exclude or attempt to exclude its liability; or
      4. for fraud or fraudulent misrepresenta­tion.
    4. 10.4 Subject to conditions 10.2 and 10.3: Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the price of the Goods; and we shall not be liable to You for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

  11. 11: Statutory Rights

    1. 11.1 Your statutory rights are in no way affected by the provisions of these terms and conditions.

  12. 12: General

    1. 12.1 Each right or remedy under the Contract is without prejudice to any other right or remedy available whether under the Contract or not.
    2. 12.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unen­forceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
    3. 12.3 Any waiver by Us of any breach of, or any default under, any provision of the Contract by You will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
    4. 12.4 The parties to this Contract do not intend that any term of this Contract will be enforce­able by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
    5. 12.5 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

  13. 13: Communications

    1. All communications between the parties about this Contract must be in writing and delivered by hand or sent by pre-paid first class post, facsimile transmission or via email to the addresses set out below:

      Post Fax E-mail
      Valisere Online Shop
      Arkwright Road
      Groundwell
      Swindon
      SN25 5BE
      United Kingdom       		 +44 (0)1793 721027 valisere.customer@triumph.com