Sweatz Terms and Conditions

Welcome to the Sweatz Sportz Limited website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.

Sweatz Sportz Limited is a limited company registered in England with company number 06037060. Its registered office address is 1 Wright Business Park, Carr Hill, Doncaster, DN4 8DE and its VAT registration number is . Your contract to purchase products through this website is with Sweatz Sportz Limited and will incorporate these terms and conditions. These do not affect your statutory rights.

Definitions

Conditions means these terms and conditions and the Special Conditions;
Product means a product displayed for sale on this Website;
Product Description means that part of this Website where certain terms and conditions in respect of the individual Product are provided;
Special Conditions means the terms and conditions in the Product Description; Users means the users of the Website collectively;
Personal information means the details provided by you to us on registration on the Website;
We/us means Sweatz Sportz Limited;
Website means this website located at www.sweatzsportz.com or any subsequent URL which may replace it;
Cookies means small text files which this Website places on your computer's hard drive to store information about your shopping session and to identify your computer;
United Kingdom means England, Wales, Scotland, Northern Ireland and the Channel Islands; and
You means a user of this Website.

Use of this Website

Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by are placed strictly in accordance with these Conditions.

Registration

You warrant to us that the Personal Information is true, accurate, current and complete and that you are at least 18 years old.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our rights

We reserve the right to:

• modify or withdraw, temporarily or permanently, this Website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
• change the Conditions from time to time, and your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Third party links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Delivery

Goods dispatched within 48 hours and depending on your area expect delivery within 10 working days (UK and Ireland only). Allow 21 working days for all orders overseas (Rest Of World).

Privacy

We do not store credit card details nor do we share customer details with any 3rd parties.

We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable United Kingdom Data Protection and consumer legislation from time to time in place.
When you shop on this Website, we might ask you to input and might collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We might also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of the Website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website (User Information). We might collect this information even if you do not register with us.
You should be aware that the Website is being monitored and may capture information about your visit that will help us improve the quality of our service.
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:

• Processing your orders;
• For statistical or survey purposes to improve the Website and its services to you;
• To serve website content and advertisements to you;
• To administer the Website;
• If you consent, to notify you of products or special offers that may be of interest to you.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time - if you do not accept Cookies you will be unable to use the Website.

Purchase of Products

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Contract creation and electronic contracting

The steps required to create the contract between you and us are as follows:

• You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
• It is your responsibility to provide your correct address to us. We do not accept any responsibility or liability in circumstances where you have provided an incorrect address to us and we have despatched Products to that address. In those circumstances, we shall be deemed to have fulfilled our contractual obligation to despatch Products to you.
• It is also your responsibility to select the postage option appropriate to your geographic location. We reserve the right not to despatch Products to you until we have received from you payment of the postage tariff appropriate to your geographic location.
• We will send to you an order acknowledgement email detailing the Products you have ordered. This is not an order confirmation or order acceptance from us.
• As your Product is shipped from our warehouse we will send you a despatch confirmation email.
• Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order.

Non-acceptance of an order may be a result of one of the following:

• The Product you ordered being unavailable from stock.
• Our inability to obtain authorisation for your payment.
• The identification of a pricing or Product description error.
• You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

The contract will be concluded in English.

Contract cancellation

Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than seven working days after the day on which you receive the Products.
If you wish to exercise your right to cancel this contract after your order has already been despatched please return the Products to us within seven working days of the date you received them, unopened and unused and we will refund the price by crediting the appropriate amount to your credit/debit card used by you to pay for the Products.

Description of Products

Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
Please note that in particular, we do not give any representation or warranty or guarantee that you will lose weight or any specific amounts of weight through use of Products. Furthermore, you should satisfy yourself that your physical condition is such that it is appropriate for you to use Products, if necessary in consultation with your doctor or trainer. You also confirm that you are aware that use of Products during exercise is likely to result in the loss of fluids from your body.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we exclude any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what John Lewis and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.