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Terms of Sale

IMPORTANT NOTICE

This page tells you the terms and conditions on which we sell any products to you from www.ilufitwear.com (the "Website") (the "Terms of Sale"). These Terms of Sale form part of Our Terms of Use.

The Terms of Sale apply to each order of products placed through the Website ("Products"). By placing an order you are deemed to agree to them. Please read them carefully each time you order from the Website. The Terms of Sale may be revised from time to time without notice. We recommend you print a copy for your reference each time you place an order.

Definitions

These Terms of Sale form part of Our Terms of Use. Any terms and expressions used but not defined in these Terms of Sale are defined elsewhere in the Terms of Use.

Revisions to these Terms of Sale

We may revise these Terms of Sale from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in laws and regulatory requirements, or for any other reason which We may decide in Our sole discretion.

Every time you order Products from us, the Terms of Use (including the Terms of Sale) in force at that time will apply to any Contract arising from that order between you and us, unless any change is required to be made by law or governmental authority (in which case it will apply to Contracts arising from orders previously placed by you).

Information on the Products

Availability

All Products shown on the Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made. Any dates specified for delivery of Products are approximate and we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay.

Colours and Packaging

The images of the Products on our Website are for illustrative purposes only. We have made every effort to display as accurately as possible the colours of our Products that appear on the Website. However, as the actual colours you see will depend on your monitor, and we cannot guarantee that your monitor's display of any colour will be accurate. Your Products may vary slightly from those images.

Intellectual Property Rights

Please see the Intellectual Property Rights clause in Our Terms of Use.

Purchase of Products

Prices and Orders

The display of any product on our Website is in no way an offer by us to sell to you. It is your response that is the offer. We are under no obligation to accept your order and may refuse any order made by you for any reason. However, we would normally accept an order where the product is available, the order reflects current pricing and payment has been received in full in cleared funds. Goods supplied are not for resale.

All prices on the Website are quoted in Pounds Sterling and include UK VAT at the applicable rate. Prices do not include any delivery costs, regardless of where the products are being delivered, nor do they include any import duty or other taxes which may apply where the Products are delivered outside the United Kingdom. Delivery charges are shown separately when ordering and must be paid in advance. 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.

Prices are subject to change without notice but changes will not affect orders which We have already accepted.

Although We make every effort to state prices correctly, it is always possible that some may be incorrectly priced. We will normally verify prices as part of our dispatch procedures, so that where a Product’s correct price is lower than the stated price on the Website, We will charge the lower amount when dispatching the Product to you and if a Product’s correct price is higher than the stated price on the Website, we will at Our discretion, either contact you for instructions before dispatching the Product or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as such.

Only one promotion code can be used per order.

Acceptance of Your Order

The technical steps required to create the contract between you and us (the "Contract") are as follows:

Place Order: You place the order for your Product on the Website. You will be guided through the process of placing an order by a series of simple instructions on the Website. By placing your order, you undertake that all details which you provide to us are true and accurate, that you are an authorised user of the credit or debit card or the holder of the Paypal account used to make payment, or through which payment is made, and that there are sufficient funds to cover the cost of the Product and any additional charges which may apply to the order;

Order Acknowledgment: We will send you an order acknowledgement email detailing the Product which you have ordered. This is not an order confirmation or order acceptance from Us;

Shipping: We will endeavour to dispatch your order from our warehouse within 3 London working days of receipt of cleared funds. In the unlikely event that dispatch is delayed, we will notify you by email.

Order Acceptance: Order acceptance and the completion of the Contract between you and us will take place on the dispatch to you of the Product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with these Terms of Sale. The Contract will relate only to those Products which have been dispatched. Risk of loss and title for any Product passes to you upon delivery of the Product to the carrier.

How to Pay

We accept payment via PAYPAL. PAYPAL allows payment through a registered PAYPAL account or by using a debit card or credit card.

Payment for the Products and all applicable delivery charges is in advance. Your order and subsequent transactions are conducted via the PAYPAL secure link. As we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via such link. If products are not available for any reason after we have received your order, we will let you know. We will refund any amounts already paid (if any) by way of a credit to your PAYPAL account or the debit or credit card you used to make payment.

Consumer Rights

If you are contracting as a consumer, you may cancel your order at any time within seven (7) days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Product(s) in accordance with our returns and refunds policy. If you are cancelling the order for any reason other than the products being faulty, you are responsible for returning the products to us and pay the cost of doing so. If you wish to cancel your order, please e-mail us at customercare@ilufitwear.com. You may wish to keep a copy of your cancellation notification for your own records. Any Products returned must be received by us in the same unused condition with the tags attached and, to the extent possible, in the same packaging as when we delivered them to you.

Please note that in addition to your right to withdraw, we operate a Returns Policy.

Delivery

We aim to fulfil your order by the estimated date set out below following dispatch from our warehouse or, if no delivery date is specified, within 30 days of the date of such dispatch, subject to Events Outside Our Control. Please see Our Delivery Details section for further detail.

Delivery Outside the UK

If you order Products from the Website for delivery outside the United Kingdom, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for paying any such duties and taxes. We cannot predict whether such charges or duties may apply, nor their amount. Please contact your local customs office before placing your order.

You must also comply with all applicable rules and regulations of the country for which the Product is destined. We will not be liable for any breach by you of such laws.

Returns and Refunds

Please see our Returns Policy.

Our liability

In the unlikely event that you receive Products which were not what you ordered or which are damaged or defective, or are in a different quantity to that stated on your order form, Our only obligation shall be, at our option, to make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the Products.

To the maximum extent permitted by the applicable law, when you order Products from the Website, Our aggregate liability to you for any loss or damage arising in connection with these Terms of Sale shall be limited in respect of each claim, to the purchase price of your order.

We have no liability to you for any consequential, special or indirect losses including without limitation, any loss of revenues, profit, contracts, business, loss of business opportunity, anticipated savings, damage to or loss of goodwill, reputation or data.

Nothing in this Contract will exclude or limit your statutory rights, or exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Terms of Sale shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

A person who is not party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 (as amended) to enforce any term of this Contract.

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 any contract that is caused by events outside Our reasonable control (each, an "Event Outside Our Control").

An Event Outside Our Control 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, subsidence, epidemic, pandemic 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; or (f) the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any contract is deemed to be suspended for the period that the Event Outside Our Control 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 Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.

Transfer of Rights and Obligations

The contract between you and Us is binding on you and Us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations under it without our prior written consent. 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.

Waiver

If we fail to insist that you perform any of your obligations under these Terms of Sale, 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.

Severability

If any provision of these Terms of Sale is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any other provision, and these Terms of Sale will be construed and enforced as if such provision had never been contained herein. Any headings or titles herein are for convenience only.

Language

The official language of these Terms of Sale is English only. All communications and agreements between Us and you and any proceedings in connection with these Terms of Sale and/or your use of the Website, shall be made in English only.

Notices

Please see the clause relating to Electronic Communications in Our Terms of Use, which form part of any Contract between you and Us.

All notices given by you to Us must be sent to customercare@ilufitwear.com. We may send notices to you at either the email address or postal address you provide to us when placing an order. Notices will be deemed to be received and properly served on confirmation that an email has been received (or if such time is after 5pm London time, at open of business in London on the following London business day) or three days after the posting of any letter.

Entire Agreement

These Terms of Sale form part of Our Terms of Use. We refer you to the Entire Agreement clause in the Terms of Use.

Governing Law and Jurisdiction

These Terms of Sale form part of Our Terms of Use. We refer you to the Governing Law and Jurisdiction clause in the Terms of Use.