Welcome to the TufWear 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.
Before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Service Representatives by e-mail, or call us on our main telephone number between 9am-5pm. Please note that all calls to our Customer Services Representatives will be charged at the local rate (BT users only, other network charges may vary) and may be recorded for quality monitoring and training purposes).
“Conditions” means these terms and conditions and the Special Conditions; “Product” means a product displayed for sale on the Website; “Product Description” means that part of the 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 on registration; “We/us” means Express Brands Ltd; “Website” means the website located at www.tufweardirect.com or any subsequent URL which may replace it; “Cookies” means small text files which our 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 the website
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
# You warrant that: The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
# You will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by e-mail, or call us on our main telephone number between 9am-5pm.
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.
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.
We reserve the right to:
# modify or withdraw, temporarily or permanently, this Website (or any part thereof) 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 thereof) 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.
Purchase of products
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.
Click here to find out more about our Refund policy which is incorporated into these Conditions.
Contract creation and electronic contracting
The technical 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.
# 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 Tuf Wear Direct.
# 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
– you have cancelled it in accordance with the instructions in “Change or Cancel an order”
– you have made any attempt to interfere with the ordering or payment process.
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.
# We believe an attempt has been made to interfere with the ordering or payment process.
The contract will be concluded in English.
The details of your specific contract will not be filed by Tuf Wear Direct. If you do require any information regarding orders you have placed with Tuf Wear Direct please write to us at the following address:
EXPRESS BRANDS LTD
Unit 89, North East BIC,
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than eight working days after the day on which you receive the Products. Cancellation should be made in writing or other durable medium to the address above.
If you wish to exercise your right to cancel this contract after your order has been despatched, please follow the procedure set out in our Returns procedure. In particular, please note that we do not offer a free returns service. Cancelled items must be returned to our warehouse at the buyer’s cost. If your goods are faulty or we have delivered the wrong product, you will be entitled to a no-cost replacement or refund, including shipping costs where applied.
Please note that your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty:
# Goods made to your specification
# Perishable goods (for example flowers and food)
# CD, DVD, tapes or other recording media, software or videos if their seal is broken.
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.
In accepting these Conditions you agree to provide TufWear truthful and accurate information and act in accordance with the Licensing Act of 2003.
3. Any consequential loss suffered as a result of not being able to use the product, or any loss other than the repair and/or the replacement cost of the product.
Tuf Wear Direct gift vouchers & promotional discounts
1. Tuf Wear Direct gift vouchers can be exchanged for goods to purchase goods online at www.tufweardirect.com, or over the telephone from Tuf Wear Direct.
2. Gift vouchers may not be exchanged for cash.
3. If the goods purchased online total less than the value of the gift voucher, any balance will be left as a credit for you with expresstrainers.com, and will be redeemed against subsequent orders.
Coupons, discounts and promotional discount codes offered by Tuf Wear Direct are valid only for use as part of a purchase made via expresstrainers.com, unless otherwise stated.. such promotional discounts are not valid for use as part of a telephone order.
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors.
You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
To provide additional information, on some products you’ll find a link to an introductory Which? report, in turn linking to the ‘Which?’ website. ‘Which?’ allows you to access and print its content only for your own personal and non-commercial use.
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 site 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 disclaim 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.
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.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
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.
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 Express Brands Ltd 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.
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.
The registered company address of:
TUF WEAR DIRECT
2 LONGROOD ROAD