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THE DESIGNERTRAINERS.COM LTD - CONDITIONS OF SALE

By clicking ["Checkout"] you are agreeing to purchase the Goods set out in the Order from designertrainers.com Ltd according to the Conditions listed below:

  1. Definitions and Interpretations

    1. In these Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:

      "Customer":the person who makes an offer to buy the Goods from designertrainers.com Ltd is subject to these Conditions and whose offer for the Goods is accepted by designertrainers.com Ltd and such acceptance is acknowledged to the Customer in Writing (the "designertrainers.com Ltd Acknowledgement");
      "Contract":the contract for the purchase and sale of the Goods;
      "Export Goods":Goods which are the subject of EU Orders or Worldwide Orders (as defined below in 6.5);
      "Goods":the goods ordered by the Customer from designertrainers.com Ltd;
      "Order":the order placed by the Customer with designertrainers.com Ltd for the Goods on the order page;
      "Designertrainers.com ltd":
       Designertrainers.com Ltd of 1 Berkeley Street, London, W1J 8DJ;
      "Writing":includes e-mail.

    2. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

  2. General

    1. Designertrainers.com Ltd shall sell and the Customer shall purchase the Goods in accordance with these Conditions and any extra conditions or terms stated on the website.
    2. All Contracts made by the Company and any additions or amendments thereto shall be subject to these Conditions which shall supersede and shall be taken to override any terms or conditions proposed or stipulated by the Customer.
    3. Designertrainers.com Ltd reserves the right to alter these Conditions from time to time without notice to you and the alterations will apply to any orders received after that time.
    4. Designertrainers.com Ltd’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by designertrainers.com Ltd in Writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed.

  3. Ordering

    1. No Order submitted by the Customer shall be deemed to be accepted by designertrainers.com Ltd unless and until confirmed by the designertrainers.com Ltd Acknowledgement.
    2. The Customer shall be responsible to designertrainers.com Ltd for ensuring the accuracy of the terms of the Order, and for specifying in the Order any necessary information relating to the Goods to enable designertrainers.com Ltd to perform the Contract.
    3. The quantity and description of the Goods to be provided by designertrainers.com Ltd to the Customer under the Contract shall be those set out in the designertrainers.com Ltd Acknowledgment.
    4. Subject to clauses 10 and 11, no Order which has been accepted by designertrainers.com Ltd may be cancelled by the Customer except with the agreement in Writing of designertrainers.com Ltd and on terms that the Customer shall indemnify designertrainers.com Ltd in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by designertrainers.com Ltd as a result of cancellation.

  4. Price and Payment

    1. The price of the Goods shall be the price listed in the designertrainers.com Ltd published price list current at the date of acceptance of the Order (the "Price"). /products [The export price list shall apply in relation to Export Goods.] Prices are inclusive of delivery, unless delivery is to somewhere outside of the UK.
    2. Designertrainers.com Ltd reserves the right, by giving notice in Writing to the Customer at any time before delivery, to increase the Price of the Goods to reflect any increase in the cost to designertrainers.com Ltd which is due to any factor beyond the control of designertrainers.com Ltd (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities for the Goods which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give The Designer Group adequate information or instructions.
    3. Payment can be made by any method specified in /payment. Designertrainers.com Ltd will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
    4. Payment of the Price together with the Delivery Costs will be debited from the Customer's account after the designertrainers.com Ltd Acknowledgment has been notified to the Customer in Writing but before the Goods are delivered to the Customer pursuant to clause 6.
    5. While designertrainers.com Ltd tries to ensure that all prices on the designertrainers.com Ltd website are accurate, errors may occur. If designertrainers.com Ltd discovers an error in the price of Goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will continue with delivery and refund the overpayment or debit the underpayment, subject to contacting you and notifying you of the underpayment before debiting the underpayment.
    6. If the Customer's card issuer fails to make any payment of the Price or any Delivery Costs on behalf of the Customer then, without prejudice to any other right or remedy available to designertrainers.com Ltd , designertrainers.com shall be entitled to cancel the contract or suspend any further deliveries (if any) to the Customer.

  5. Indemnity

    1. If any claim is made against designertrainers.com Ltd that the manufacture or sale of the Goods infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, the Customer shall, except to the extent that the claim is due to the default of designertrainers.com Ltd, indemnify designertrainers.com Ltd against all damages or other compensation awarded against designertrainers.com Ltd in connection with the claim or paid or agreed to be paid by designertrainers.com Ltd in settlement of the claim and all legal or other expenses incurred by designertrainers.com Ltd in or about the defence or settlement of the claim.

  6. Delivery

    1. Delivery charges and estimated timescales are in /delivery. Designertrainers.com Ltd makes every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable.

    2. Any time or date for the dispatch or delivery of Goods shall be taken as an estimate made by designertrainers.com Ltd in good faith but shall not be of the essence of the contract. Designertrainers.com Ltd shall not be liable for any loss caused to the Customer in consequence of failure to deliver by the estimated Delivery Date or such other date as may be subsequently agreed.

    3. Unless the parties otherwise agree to the contrary in Writing, delivery of the Goods shall be made by designertrainers.com Ltd delivering the Goods to the Customer at such premises as specified by the Customer in its Order or such other premises that the Customer and designertrainers.com Ltd have agreed in Writing.

    4. Designertrainers.com Ltd aims to dispatch Goods for delivery within [2] working days of notification to the Customer of designertrainers.com Ltd’s Acknowledgement.

    5. The Customer shall allow:

      1. [7] days from receipt of the designertrainers.com Ltd Acknowledgment in the case of Orders placed from within mainland UK ("UK Orders");
      2. [15] days from receipt of designertrainers.com Ltd 's Acknowledgment in the case of Orders placed from outside mainland UK but within the European Union ("EU Orders");
      3. [30] days from receipt of designertrainers.com Ltd 's Acknowledgment in the case of Orders placed from outside the European Union ("Worldwide Orders")

      For delivery of the Goods before notifying designertrainers.com Ltd in writing that delivery has been delayed.

    6. If the Customer fails to take delivery of the Goods or fails to give designertrainers.com Ltd adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of designertrainers.com Ltd 's fault) then, without prejudice to any other right or remedy available to designertrainers.com Ltd , designertrainers.com Ltd may:

      1. Store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
      2. Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the Price under the Contract or charge the Customer for any shortfall below the Price under the Contract.
    1. The Price and all and any delivery costs are exclusive of any applicable value added tax (sales tax), which the Customer shall be additionally liable to pay to designertrainers.com Ltd.

  7. Data Protection

    1. The purpose of this statement is to set out how designertrainers.com Ltd will use personal information that it may obtain from and about you. By registering as a user of the services provided by designertrainers.com Ltd and by using designertrainers.com Ltd 's web site generally you agree to the following:

      1. When you register and use this site you will be asked to provide certain information such as your contact details. Designertrainers.com Ltd will store this data and hold it on computers or otherwise. Designertrainers Ltd will use this data to fulfill its agreement with you.

      2. Designertrainers.com Ltd may use the information that you provide or that is obtained by us:

        1. to register you with the designertrainers.com Ltd website and to administer the designertrainers.com Ltd website services;
        2. for assessment and analysis (e.g. market, customer and product analysis) to enable designertrainers.com Ltd to review, develop and improve the services which we offer and to enable it to provide you and other customers with relevant information through our marketing program. Designertrainers.com Ltd may use your information to make decisions about you using computerised technology, for example automatically selecting products or services which we think will interest you from the information we have collated. Designertrainers Ltd may inform you (by e-mail, telephone, text message, mail or otherwise) about products and services (including those of other companies and organizations) which we consider may be of interest to you. If you do not wish designertrainers.com Ltd to use or share your information for marketing purposes, please tick the opt-out box provided when registering.
        3. For the prevention and detection of fraud.
        4. To administer any prize draws or competitions you may enter.

      3. We may give information about you to the following, who may use it for the same purposes as set out above:

        1. to other companies in our group;
        2. to employees and agents of designertrainers.com Ltd ] to administer any accounts, products and services provided to you by designertrainers.com Ltd [] now or in the future;
        3. agents who profile your data so that we may tailor the goods/services we offer to your specific needs;
        4. to other organisations for the administration of prize draws or competitions.

      4. We may also disclose your information:

        1. to anyone to whom we transfer or may transfer our rights and duties under our agreement with you;
        2. if we have a duty to do so or if the law allows us to do so.

      5. In order that designertrainers.com Ltd can monitor and improve the site, we may gather certain information about you when you use it, including details of your domain name and IP address, operating system, browser, version and the web site that you visited prior to our site.

      6. New technologies are emerging on the Internet that help designertrainers.com Ltd to deliver customised visitor experiences. In particular, there is a technology called "cookies" which may be used by us to provide you with customised information from our web site. A cookie is an element of data that a web site can send to your browser, which may then store it on your system. Cookies allow designertrainers.com Ltd to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of the designertrainers.com Ltd web site. Cookies also allow designertrainers.com Ltd to make our web site more user friendly by, for example, allowing us to save your password so that you do not have to re-enter it every time you visit our web site, and allowing items to be added to the shopping basket. We use cookies so that we can give you a better experience when you return to our web site. Most web browsers automatically accept cookies. You do not have to accept cookies, and you should read the information that came with your browser software to see how you can set up your browser to notify you when you receive a cookie, this will give you the opportunity to decide whether to accept it.

      7. Designertrainers.com Ltd may supplement the information that you provide to us with information that we receive from third parties.

      8. Designertrainers.com Ltd endeavors to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose on-line. You accept the inherent security risks of providing information and dealing on-line over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or willful default.

      9. You have the right to see personal data (as defined in the Data Protection Act) that designertrainers.com Ltd keeps about you, upon receipt of a written request and payment of a fee. If you are concerned that any of the information we hold on you is incorrect please contact us.

      10. Please be aware that our site may link to other web sites which may be accessed through the designertrainers.com Ltd site. We are not responsible for the data policies or procedures or the content of these linked web sites.

      11. In the course of undertaking the activities specified in this privacy policy designertrainers.com Ltd may transfer data outside the European Economic Area to countries which do not have data protection laws or to countries where your privacy and other fundamental rights may not be protected as extensively as in the United Kingdom.

    2. How can I get my name removed for the Designertrainers.com ltd website mailing list?

      1. If you want to be removed from our mailing list, please send an email to privacy@designertrainers.com with the word 'remove' in the subject line. Please note that it may take up to 28 days to action your request.

    3. How do I change any details stored on designertrainers.com?

      1. To change any of your registered details on designertrainers.com, [click on 'Login' and enter your username and password. Once logged in click on 'My Account', then 'Personal Details', then 'Change details'. Change any of the details shown and click 'confirm'.]

    4. Contact Us

      1. If you have any comments or queries in connection with our privacy policy or to resolve any disputes, please e-mail privacy@designertrainers.com or call 020 7016 9828 or write to designertrainers.com Ltd c/o The Designer Group Ltd, at 1 Berkeley Street, London, W1 8DJ. (Please do not send any returns to this address).

  8. Risk

    1. Risk of damage or loss of the Goods shall pass to the Customer at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when designertrainers.com Ltd has tendered delivery of the Goods.

    2. The ownership of the Goods shall pass to the Customer at the time of the:

      1. passing of risk in the Goods to the Customer pursuant to sub-clause 8.1; or
      2. receipt by designertrainers.com Ltd of payment in full of the Price and cost of delivery;

      whichever is the later.

    3. Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), designertrainers.com Ltd shall be entitled at any time to require the Customer to deliver up the Goods to designertrainers.com Ltd and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.

    4. The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of designertrainers.com Ltd, but if the Customer does so all moneys owing by the Customer to designertrainers.com Ltd shall (without prejudice to any other right or remedy of designertrainers.com Ltd) forthwith become due and payable.

  9. Insolvency of Customer

    1. This clause applies if at any time before the ownership of the Goods passes to the Customer pursuant to sub-clause 8.2 one or more of the following events occurs (the "Cancellation Events"):

      1. the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
      2. an encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Customer;
      3. the Customer ceases, or threatens to cease, to carry on business;
      4. Designertrainers.com Ltd reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.

    2. If this clause applies then, without prejudice to any other right or remedy available to designertrainers.com Ltd, designertrainers.com Ltd shall be entitled to cancel the Contract or suspend any deliveries under the Contract without any liability to the Customer save that designertrainers.com Ltd shall refund to the Customer all and any payments made to it in respect of the Price prior to the Cancellation Event. If the Goods have been delivered but not paid for at the date of the Cancellation Event the Price due in respect of the delivered Goods shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.

  10. Returns and liability for defects

    1. Designertrainers.com Ltd does not receive any warranties from the manufacturer of the Goods and therefore offers no warranties as to quality or fitness for purpose over and above those it is required to at law. Nothing in these Conditions shall affect your statutory rights.
    2. For the avoidance of doubt, designertrainers.com Ltd shall not be liable for any defect in the Goods arising from fair wear and tear, willful damage, accident, negligence, misuse, failure to follow the manufacturer's instructions, or any alteration or repair carried out without the approval of designertrainers.com Ltd.
    3. Any claim by you that the Goods are defective or fail to correspond with their description shall be notified to designertrainers.com Ltd in Writing at the address shown in the 'Contact Us' section at Clause 7.4 within [14] days of delivery or (where the defect was not apparent on reasonable inspection) within [14] days of discovery of the defect. 14 days is a generous amount of time to allow. If you do not notify us of your claim within the [14] days and in Writing as stated above, you shall not be entitled to reject the Goods and we shall have no liability for the defect or failure.
    4. Designertrainers.com Ltd shall be entitled to return the Goods to you and charge for the Goods and all delivery costs if designertrainers.com Ltd , in its reasonable opinion, finds that the Goods rejected under Clause 10.3 are not defective or do correspond with their description. In this event, designertrainers.com Ltd shall notify you of the reasons why it believes there is no defect or failure to correspond with description.
    5. In the event of an agreed defect or failure to correspond with description, designertrainers.com Ltd will, at its option, replace or repair the Goods or provide a refund.
    6. Any Goods returned must be packaged in their original packaging and enclose the receipt.

  11. Distance Selling Regulations - your right to cancel

    1. If you are a consumer (as defined in The Consumer Protection (Distance Selling) Regulations 2000), you have the right to cancel the Contract at any time up to the end of seven working days after you receive the Goods. A working day is any day other than weekends and bank or other public holidays.
    2. To exercise your right of cancellation, you must give written notice to designertrainers.com Ltd to the address shown in the 'Contact Us' section at Clause 7.4 giving details of the Goods ordered and (where appropriate) their delivery.
    3. If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the Goods to designertrainers.com Ltd at your own cost. The Goods must be returned to the address shown in the 'Contact Us' section at Clause 7.4, be in their original packaging, and you must enclose the order number with the package. You must ensure that the Goods are not damaged in the meantime or in transit.
    4. Once you have notified designertrainers.com Ltd that you are canceling the Contract, designertrainers.com Ltd will refund or recredit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
    5. If you do not return the goods as required, designertrainers.com Ltd may charge you a sum not exceeding the direct costs of recovering the goods.
    6. You do not have the right to cancel the Contract if you have worn, washed, altered, repaired, or damaged the Goods in any way. Any Goods returned under this Clause 11 will be subject to scrutiny by designertrainers.com Ltd, and you will be charged for any loss in resale value.

  12. Export Goods

    1. In the case of EU Orders or Worldwide Orders the Customer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.

  13. Force Majeure

    1. Designertrainers.com Ltd shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of designertrainers.com Ltd 's obligations in relation to the Goods, if the delay or failure was due to any cause beyond designertrainers.com Ltd 's reasonable control.

  14. General

    1. The contract between us shall be governed by the laws of England and Wales and any dispute between us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract.
    2. We do not guarantee that this website will be compatible with your PC, and we accept no liability for any corruption or loss of data held on your PC or any liability for any other loss or damage of any kind caused to your PC resulting from use of this website.
    3. Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its e-mail address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
    4. No waiver by designertrainers.com Ltd of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
    5. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
    6. The Contract constitutes the entire agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings or arrangements between them relating to the Contract. Neither party will be entitled to rely on any agreement, understanding or arrangement which is not expressly contained in the Contract and no change may be made to it except in Writing signed by duly authorised representatives of both parties.
    7. The Customer agrees that these Conditions shall not be denied legal effect, validity or enforceability on the grounds that they are displayed electronically or transmitted from designertrainers.com Ltd to the Customer or from the Customer to designertrainers.com Ltd using the Internet.