Terms and Conditions
This page sets out the terms and conditions on which we supply any of the goods (“Goods”) listed on our website to you. You should understand that by ordering any of our Goods you agree to be bound by these terms and conditions and our Privacy Policy.
Orders
1.1 You are responsible for ensuring the accuracy of the terms of any order you submit and for giving us any necessary information relating to the Goods in sufficient time to enable us to perform our obligations in accordance with these terms.
1.2 No order shall be deemed to be accepted by us unless and until it is confirmed by email or in writing by us and payment has been made. Our contract with you will relate only to those Goods whose despatch we have confirmed by email. We reserve the right to reject any order.
1.3 Any advice or recommendation given on this website or otherwise given to you by us, or any of our employees or agents, is followed or acted upon entirely at your own risk and, accordingly, we shall not be liable for such advice or recommendation.
1.4 By placing an order through our site you warrant that:
a) you are legally capable of entering into binding contracts
b) you are at least 18 years old.
If you are under 18 you may only use this website with the involvement of a parent or guardian.
Product availability and descriptions
2.1 We take care to ensure that all colours are correct at the time of their publication. However, the representation of colours on your browser may vary from the actual colours.
2.2 All Goods are subject to availability and continuous development. Their specification can change and may differ from those outlined on this website or in any publication.
2.3 "HerniaPants"™ and the HerniaPants™ logo are registered trademarks. Duplication, transmission in any form or use of text or images relating to these trademarks is strictly forbidden.
Errors
3 Any typographical, clerical or other error or omission on any page of this website or in any sales literature, quotation, price list issued by us shall be subject to correction without any liability on our part.
Price
4.1 The price of the Goods will be the price set out on the relevant page of this website. We reserve the right to change the prices at any time however, if we accept an order from you, the price for the Goods will be the price set out on the relevant page at the time the order for them is accepted.
4.2 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed may be incorrectly priced. We are under no obligation to provide Goods to you at an incorrect (lower) price, even if we have confirmed your order by email, if the pricing error is obvious and could have reasonably been recognised by you as mis-pricing.
4.3 Prices for Goods on this website will be shown in the default currency of the IP address detected for the visitor. This can be changed in our customer preference page once logged in. By default prices are shown in £ sterling (GBP) and are inclusive of UK VAT but excludes delivery costs which will be added to the total amount due as set out in clause 7 below.
4.4 Transactions authorised on this site will appear on your credit card statement as "HerniaPants" Transactions will be effected in £ sterling (GBP) and, where applicable, converted to your home currency at the rate prevailing on the date of the transaction.
Payment method
5.1 Upon providing us with details of your chosen payment card and submitting an order, you confirm that you are authorised to use the payment card to pay for Goods on the order and authorise us to deduct from the payment card the full price of the Goods and all other payments due such as delivery charges.
5.2 Where Goods are returned to us in accordance with these terms, we will credit the payment card with the appropriate amount.
Delivery
6.1 The Goods will be delivered to the address shown for delivery on your order. Items ordered together might not be despatched together due to constraints of packing or availability.
6.2 Whilst we will try to deliver your order promptly we are subject to Royal Mail's Service Levels which state that a Tracked 24 parcel (UK) cannot be considered 'late' until 7 working days past the expected delivery date. Orders to the EU are not considered late until 25 working days post dispatch date. Orders to the rest-of-world are not considered late until 27 working days have past post dispatch date.
6.3 Whilst every effort is made to deliver the Goods in accordance with the time-scales set out, we do not accept any liability for late delivery or non-receipt of Goods once dispatched from us.
6.4 The customer is responsible for ensuring the accuracy of the shipping address.
Delivery charges
7.1 In addition to the price of the Goods, a delivery charge will be payable as based on our pre-determined price of the delivery to your location. This will be visible at all times when products are added to the basket.
In some circumstances the delivery charge may change prior to checkout. This is due to changes in destination country or shipping option made by the customer.
Risk and Title
8.1 The Goods will be at your risk from the time of delivery.
8.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
Liability
9.1 Subject to clause 9.2 our liability in connection with any Goods purchased through our site is strictly limited to the purchase price of the Goods
9.2 Clause 9.1 shall not limit in any way our liability:
a) For death or personal injurycaused by our negligence
b) Under section 2(3) Consumer Protection Act 1987
c) For fraud or fraudulent misrepresentation.
d) For any matter which it would be illegal for us to exclude or attempt to exclude, our liability.
9.3 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste management, or office time or for any indirect consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Returns and Exchanges
10.1 All our products are considered 'Final Sale'. Returns & Exchanges are not permitted. The UK Distance Selling Regulations Act 2000 covers this exemption.
10.2 Please check your sizing before ordering as mistakes cannot be corrected post-dispatch. You are responsible for ascertaining both the suitability and measurement.
Transfer of Rights and Obligations
11.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events Outside Our Control
12.1 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”).
12.2 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:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, volcano, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
12.3 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.
Waiver
13.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Severability
14.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire Agreement
15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
Our Right to Vary these Terms and Conditions
16.1 We have the right to revise and amend these terms and conditions from time to time.
16.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Law and Jurisdiction
17.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THESE TERMS
