Terms and Conditions
These terms apply whenever we agree to sell our goods to the exclusion of any other or inconsistent terms unless otherwise agreed in writing by a Director.
• We reserve the right for reasons of continuous improvement, to make changes to the items shown on this website and in our current catalogue.
• In order for us to update and improve our range, we reserve the right to remove selected styles from time to time.
• We do our best to limit variations in colour, but owing to technical constraints there may be appreciable differences in colour between our products and the images of them on our website and in our current catalogue. There may also be appreciable variations in colour between different batches of the same products. All colours shown are for indication purposes only and should be used in conjunction with fabric swatches, which are available on request.
2. Postage and Packaging
• Delivery is made at your premises.
• At our option we may deliver the goods in reasonable installments.
• You shall pay our delivery charges in addition to the quote item prices.
• You shall notify us in writing of any claim for non-delivery or late delivery of or damage to the goods in transit within 7 days of the date of the invoice for them. Our liability in respect of any such claim is limited at our option to replacement of the goods or refund of the price and does not extend to any indirect or consequential loss.
• See our Delivery page for most up to date rates - DELIVERY PAGE
- Christmas Delivery & Closing Times
- We are closing our HQ during the christmas period, from 3:30pm Friday 21st Dec 2018 until 3rd Jan 2019.
For UK Mainland deliveries, please order by 3pm on 20/12/18.
For all other Non UK mainland, please place your order by 12noon on 14/12/18
* please note that we will try our best to get your order delivered on time, although cannot 100% guarantee this due to any unforeseen problems - including breakdowns, extreme weather and illness. We're sorry if we're late*
• All prices quoted on this website include VAT. Any applicable carriage is payable by the customer in addition to the contract price.
• In the case of customers who are consumers (within the meaning of the Consumer Protection (Distance Selling) Regulations 2000, called "Consumers" in these conditions), the prices on our website and in our current catalogue are valid until 31st March of the following year. Current prices will be communicated by telephone on enquiry.
• You shall pay our reasonable extra charges in respect of:
any special arrangements made at your request in order to expedite delivery;
costs, expenses and liabilities incurred by us where you give inadequate or inaccurate instructions.
4. Time Estimates
Stock garments take approximately 3/4 days to deliver (subject to availability)
Payment is made online and is taken immediately from your account.
The risk in the goods passes to you when the goods are delivered to you or to your chosen address.
1. We retain absolute legal ownership of the goods until the price of them, and of any other goods delivered to you subsequently, but prior to the date of payment, has been paid in full.
• you do not pay any invoice of ours within 7 days after it has become due or
• the members of your company pass or call a meeting to pass a resolution for winding up, or if a petition for winding up, administration or bankruptcy is presented against you, or
• you become subject to a winding up, administration or bankruptcy order, or to any distress or execution on or receivership over any of your assets then you shall cease at once to use any of our goods not then paid for and shall on demand return to us any of them remaining in your possession. On making such a demand we are entitled without incurring any liability to you to enter your premises and remove and re-sell such of our goods as are to be found there.
2. Nothing in term 8.1 gives you the right to return the goods without our consent otherwise than in accordance with our returns policy referred to in clause 11.
9. Force Majeure
Where we are unable to perform due to any circumstances beyond our control we may suspend performance while those circumstances subsist, and subject to clause 10.1 any agreed date or period for delivery shall be regarded as extended accordingly.
10. Suspension and Cancellation
If any period of suspension of deliveries under term 8 lasts for more than three months, either of us may cancel the contract by written notice without penalty.
11. Returns Policy
We will gladly exchange or refund any unworn 'Stock’ item for a full refund up to 28 days after delivery, so long as they are fit to be returned to stock. Please note that when returning your garments you are responsible for your garments until they are safely received at our premises. We recommend using a registered postal service. Return the parcel to the address below:
RETURNS DEPARTMENT, GYMPHLEX LTD, STAMFORD BUILDINGS, STAMFORD STREET, LEICESTER, LE1 6NJ, ENGLAND
12. Training Policy
Telephone conversations may occasionally be recorded as an aid to training, so that we can enhance the performance of our customer service staff.
13. Limitation on Liability
1. We will refund or credit the price of faulty goods, or replace them (at our option) but we will not be liable to you for any other loss or damage, direct or indirect, consequential or otherwise, whether or not we have been negligent, but subject to term.
2. Nothing in these Terms affects our liability for death or personal injury resulting from our own negligence.
14. Set Off
You are not entitled to set off any debt or claim against payment of the contract price or other amounts owing to us.
15. English Law
This contract is governed by and is to be construed and interpreted exclusively in accordance with English Law and both parties submit to the non-exclusive jurisdiction of the English Courts.