Terms & Conditions of Sale
This document (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions ("Terms") on which we sell any of the products ("Products") listed on our website ("our site") to you.
These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
Please tick the checkbox labelled "I have read and accept the Terms & Conditions of Sale" on the checkout page. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
- INFORMATION ABOUT US
- We operate the website www.physique.co.uk. We are Physique Management Company Ltd, a company registered in England and Wales under company number 03580515 and with our registered office at Trojan House, 34 Arcadia Avenue, London, N3 2JU, England. Our main trading address is Alexandria Park, Penner Road, Havant, Hampshire, PO9 1QY, England. Our VAT number is GB717470139.
- To contact us, please use the below details:
- Tel: +44 (0)2392 471346
- Fax: +44 (0)2392 471352
- Email: email@example.com
- Your use of our site is governed by our Terms of Website Use. Please take the time to read this, as it includes important terms which apply to you.
- OUR PRODUCTS
- The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
- Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
- The packaging of the Products may vary from that shown on images on our site.
- All Products shown on our site are subject to availability. We will inform you as soon as possible if the Product you have ordered is not available and we will not process your order if made.
- HOW WE USE YOUR PERSONAL INFORMATION
- We use your personal information to fulfil Contracts and to send you marketing related to other products and services similar to a previous sale to you (or negotiation for a sale) that we think may be of interest to you. If you do not wish to receive such marketing please contact us at: firstname.lastname@example.org.
- IF YOU ARE A CONSUMER
This clause 4 only applies if you are a consumer.
- If you are a consumer, you may only purchase Products from our site if you are at least 18 years old. There may also be certain Products which can only be legally purchased if you satisfy the legal age requirement for that Product. Please do not attempt to order these Products through our site if you do not satisfy these age requirements as we are not allowed by law to supply these Products to you if you do not satisfy these age requirements.
- As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
- IF YOU ARE A BUSINESS CUSTOMER
This clause 5 only applies if you are a business.
- If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
- These Terms
- apply to and shall be incorporated into the Contract. Your standard terms and conditions (if any) attached to, enclosed with, or referred to in, your purchase order shall not govern the Contract.
- prevail over any inconsistent terms or conditions contained in, or referred to in, your purchase order, confirmation of order, or specification, or implied by law, trade custom, practice or course of dealing.
- These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
- You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
- PLACING AN ORDER
- Instructions on placing an order are displayed on the relevant pages of our website.
- Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4.
- We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation.
- If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 11.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
- OUR RIGHT TO VARY THESE TERMS
- We may revise these Terms from time to time in the following circumstances:
- changes in how we accept payment from you; or
- changes in relevant laws and regulatory requirements.
- Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
- Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this document.
- YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 8 only applies if you are a consumer.
- If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
- However, this cancellation right does not apply in the case of:
- any products made to your specification or clearly personalised;
- newspapers, periodicals or magazines;
- perishable goods, such as food or drink;
- software, DVDs or CDs which have a security seal which you have opened or unsealed;
- goods that by reason of their nature cannot be returned. This includes situations where returning the goods is a physical impossibility or where the goods cannot be returned in the same physical state as they were supplied. For example items that become distorted as soon as they are used or worn
- Once the Products have been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
- To cancel a Contract, please contact us in writing to tell us by sending an e-mail to email@example.com or by sending a letter to Physique Management Company Ltd, Alexandria Park, Penner Road, Havant, Hampshire, PO9 1QY. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
- You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for (in relation to the original delivery of the Products to you). We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.4. If you returned the Products to us because they were faulty or mis-described, please see clause 8.6.
- If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
- We refund you by the same method of payment as used by you to pay.
- If the Products were delivered to you:
- you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
- unless the Products are faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. Please contact us to find out our current charges for collection of Products;
- you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. This includes doing no more than examine the Products as you would have done in a shop and you should not for example wear clothing or shoes outside or remove hygiene seals on garments. In limited circumstances it may be reasonable for you to open packaging but you should ensure that the Products are returned to us in as close to original condition as possible together with all original packaging.
- Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
- As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
- We will usually use a third party courier to deliver the Products to you and delivery will be completed when the Products are delivered to the address you gave us.
- If no one is available at your address to take delivery, a note will be left that the Products have been returned to our premises or the premises of our courier, in which case, please contact us or our courier to rearrange delivery.
- The Products will be your responsibility from the completion of delivery.
- You own the Products once we have received payment in full, including all applicable delivery charges.
- INTERNATIONAL DELIVERY
- We deliver to countries in Europe and various other countries around the world. However there are restrictions on some Products for certain destination, and we will contact you if such restrictions apply to your destination.
- If you order Products from our site for delivery outside of the United Kingdom, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
- You will be responsible for payment of any such import duties and taxes. 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 Products are destined. We will not be liable or responsible if you break any such law.
- PRICE OF PRODUCTS AND DELIVERY CHARGES
- The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was provided. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.
- Prices for our Products may change from time to time, but changes will not affect any order which has been confirmed.
- You have the option of whether to view the prices of Products on our site with or without VAT. VAT will be added (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect. Any claims to exemption from VAT must be supported by the appropriate written certificate at the time of order.
- The price of a Product does not include delivery charges. Our delivery charges are as quoted in clause 12 below.
- Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
- where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
- if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
- DELIVERY AND PACKING CHARGES
- All Products will be dispatched by the most economical route currently available. Products ordered before 2pm will, wherever possible be dispatched that working day and delivered by your selected delivery choice. Products ordered after 2pm will be dispatched on the next working day, both these times are subject to stock availability. The delivery charge is based on the overall weight of the parcel, our standard weight is 20kgs for local and international parcels.
- We do not make a profit on delivery and the cost includes insurance, packaging materials and packing time. Our prices are kept keen, competitive and fair. Delivery is a cost, which has to be borne, we have defined certain areas within the UK at differing rates and the following are guidelines when ordering: Prices quoted include VAT. Please contact us if you have any queries.
Mainland UK includes all areas of the mainland UK other than the following postcodes AB30 – AB38, AB41 – AB56, FK17 – FK21, G83, IV – All, KA27 – KA28, PA20 – PA99, PH15 – PH99, TR21 – TR25. Delivery to these postcodes can usually be arranged within 2 working days but please contact us for details.
||When You Spend ex. VAT
|UK Mainland Next Day by DPD Courier (excludes weekends) Orders by 2pm only
|UK Delivery 2-3 Days
|Mainland UK - Lightweight Items Under 500g by Royal Mail (e.g. DVD's, Insoles, Books)
|N Ireland and Eire 2-3 Day Delivery
|Scottish Highlands, C Isles, IOM (2-3 Day)
|Europe Zone 1 (Belgium, France, Germany, Luxembourg, Netherlands)
|Europe Zone 2 (Austria, Czech Republic, Denmark, Italy, Slovakia, Spain, Switzerland)
|Mainland UK - Saturday AM delivery (If ordered before 2pm on a Friday)
|Before 10.30am Next Day UK Mainland by DPD Courier (excludes weekends) Orders by 2pm only
|Before 12 Noon Next Day UK Mainland by DPD Courier (excludes weekends) Orders by 2pm only
|Customer To Collect (Havant, Hampshire)
|Remaining Europe & Rest of the world.
||Please email firstname.lastname@example.org
- DPD provide a “15 Minute Delivery Window” service for free in relation to “Mainland UK Next Working Day Delivery (if ordered by 2pm)” deliveries. Assuming that we have your mobile telephone number or email address, you will receive a message approximately 15 minutes away from the driver delivering your goods. This is a service provided by a third party and we do not provide any warranty in relation to it.
- Further notes in relation to delivery:
- Multiple parcel orders, dispatched at the same time to the same address, will be charged at an additional cost. Customer service operators will contact you to arrange appropriate payment;
- Couches, electrotherapy and heavy items will be charged at additional cost;
- Any additional carriage or freight charges will be charged at cost;
- We welcome customers to collect their parcel, during office hours on Weekdays 9-5pm, from our Headquarters in Havant. Please call us on +44 (0)2392 471346 to ensure goods are available and a member of staff will be present to assist you;
- European Freight average length of delivery is 3/5 days.
- HOW TO PAY
- You can pay for Products using most debit and credit cards.
- Payment for the Products and all applicable delivery charges is in advance.
- MANUFACTURER GUARANTEES
- Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
- If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- OUR LIABILITY IF YOU ARE A BUSINESS
This clause 15 only applies if you are a business customer.
- The Products are your responsibility as soon as they are delivered to you and you are responsible for any onward supply, distribution or sale of the Products. This means that you must take out and maintain appropriate public and product liability insurance in relation to the Products. It is also your responsibility to store the Products in a suitable environment and we cannot accept any liability where your failure to store the Products properly causes loss or damage.
- Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
- Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to clause 15.2 and clause 15.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
- OUR LIABILITY IF YOU ARE A CONSUMER
This clause 16 only applies if you are a consumer.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
- We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
- EVENTS OUTSIDE OUR CONTROL
- 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
- An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- COMMUNICATIONS BETWEEN US
- When we refer, in these Terms, to "in writing", this will include e-mail.
- If you are a consumer:
- To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail to email@example.com or by sending a letter to Physique Management Company Ltd, Alexandria Park, Penner Road, Havant, Hampshire, PO9 1QY. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
- If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Physique Management Company Ltd at Alexandria Park, Penner Road, Havant, Hampshire, PO9 1QY or firstname.lastname@example.org. You can always contact us using our customer cervices telephone line +44 (0)2392 471346.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- If you are a business:
- Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our site.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our site, immediately.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
- We will not file a copy of the Contract between us.