We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
ELIGIBILITY TO PURCHASE
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. wearMEunder offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our factories. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to wearMEunder distribution center. wearMEunder will only take Advance Purchase orders for stock that has been scheduled for delivery by our factories within a window of 6 months. Your rights regarding Advance Purchase are the same as those for any other purchase at wearMEunder. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock. Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable. If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period. wearMEunder will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in GBP and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable. All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error. Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period. Customers purchasing from a country served as DDP (if and when applicable) will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from the delivery service provider or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. If you are a customer whose credit/debit card is not denominated in Sterling, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
SALE PRICE ADJUSTMENT POLICY
wearMEunder is happy to offer a Sale Price Adjustment on items purchased up to 5 hours prior to the commencement time and/or date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your wearMEunder account in the form of a store credit which will be valid for 30 days. We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and wearMEunder will be completed when we email you to confirm the goods are ready for/or dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
We accept Visa, MasterCard, American Express and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon you placing your order directly on our site or over the telephone with our sales team. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to wearMEunder, we will not be liable for any delay or non-delivery. We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using SHOPIFY TRANSACTIONS, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered wearMEunder user, we may securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated yourself or authorised one of our team to do so on your behalf. To help ensure that your shopping experience is safe, simple, and secure, wearMEunder uses Secure Socket Layer (SSL) technology. Furthermore, we take 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 unauthorized access to any data you provide when accessing or ordering from the Site.
Pomotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
RETURNS AND EXCHANGES
CANCELLING YOUR ORDER UNDER THE DISTANCE SELLING REGULATIONS
MORE ON EXCHANGES & RETURNS
Our EXCHANGES & RETURNS section on our site includes detailed information regarding the exchange and return of wearMEunder products. This includes procedures to follow step by step.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents (including purchased items of any kind) grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including wearMEunder Software and all HTML, any code or materials contained in this Site. All such Content including ours and any third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by wearMEunder and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, text or physical products on this Site or purchased through it. wearMEunder tries to ensure that the information on this site is accurate and complete. wearMEunder does not promise that wearMEunder's Content is accurate or error-free. wearMEunder does not promise that the functional aspects of the Site or wearMEunder's Content will be error free or that this Site, wearMEunder Content or the server that makes it available are free of viruses or other harmful components. we always recommend that all users of the Internet ensure they have up to date virus checking software installed. opinions expressed on wearMEunder or by wearMEunder are the personal opinions of the authors and do not necessarily reflect the views of wearMEunder. by posting you agree to be solely responsible for the content of all information you contribute. you also grant to wearMEunder a right to use any content you provide for its own purposes including republication in any form or media. comments may be moderated and may take up to 72 hrs to be displayed but wearMEunder does not commit to checking all content and will not be liable for third party posts. if you have a complaint about any posts please mail firstname.lastname@example.org . wearMEunder reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. this site is available to the public, information you consider confidential should not be posted to this site.the personal opinions of any third parties with whom we are associated are their own and do not necessarily reflect the views of wearMEunder and we accept no responsibility for any such views expressed in any media.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than wearMEunder, including advertisers. wearMEunder has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such 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 content, goods or services available on such external websites or resources.
You have certain rights under the law. In England these include: that any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site; certain remedies if a product is defective; and a right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective. nothing in the TOS is intended to affect these rights. for more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents. Nothing in the TOS is intended to affect your rights under the law (see "Your Rights" above). If wearMEunder breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and wearMEunder at the time of you placing your order, and wearMEunder dispatching your order. We shall only be liable for losses up to 100% of the total value of goods purchased. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity). We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us (wearMEunder) harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and wearMEunder as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of wearMEunder, and we shall not be liable for any representation, act, or omission on your part.
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.