Terms & Conditions

Introduction

Welcome to DuffNall! These Terms and Conditions ("Terms") apply to all purchases of goods ("Goods") made via our website, https://www.duffnall.com ("Website"). By accessing or using our Website and/or placing an order, you agree to be bound by these Terms.

We strongly recommend that you read these Terms thoroughly before making any purchase and retain a copy for future reference. These Terms serve to ensure clarity and mutual understanding between us and our customers.

In these Terms:

• "Website" refers to our online platform at https://www.duffnall.com.
• "Goods" refers to the gym wear, accessories, and related products available for purchase through our Website.
• "Order" refers to your request to purchase specific Goods from us.
• "We", "Us", "Our" refer to DuffNall Ltd, the company providing these Goods and services.
• "You" or "Your" refers to you, the customer or user of our Website and/or the purchaser of Goods.

If you have any questions or concerns regarding these Terms, feel free to reach out to our customer service through our Contact Us page.

1. Application of These Terms and Conditions

1.1. Scope

These Terms and Conditions govern the usage of Our Website and apply to all users. They become relevant when Goods are purchased through the Website. We reserve the right to modify these Terms at any time, and You are encouraged to review them regularly for any updates or changes.

1.2. Data Collection

As You browse and interact with Our Website, We may collect information about You and Your activities on the site. For more details on how We handle this information, please refer to Our Privacy Policy, which forms an integral part of these Terms.

1.3. Contractual Agreement

Together, the Privacy Policy and these Terms constitute the entire contractual agreement between You and Us ("Contract").

2. Severability

2.1. Unenforceable Provisions

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable for any reason, such provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

3. Target Audience and Legal Compliance

3.1. Target Audience

Our Website is primarily designed for consumers, and all information is provided in English. All correspondence and communications with Us will also be conducted exclusively in English. The structure, content, and functionality of the Website are developed in accordance with English law.

3.2. Local Regulations

Please be aware that You may be accessing the Website from regions where the sale of Our Goods is uncommon or subject to local regulations. In such cases, We cannot accept responsibility for non-compliance with local advertising standards or any other laws related to the Website and its content.

3.3. Restricted Access

Certain areas of the Website may be restricted and accessible only to users who have successfully completed the registration process.

4. Governing Law and Jurisdiction

4.1. Legal Jurisdiction

These Terms and Conditions are governed by and construed in accordance with English law. By using this Website, You agree to submit to the exclusive jurisdiction of the English courts in the event of any dispute.

5. Intellectual Property Rights

5.1. Ownership of Website Content

All content on this Website, including but not limited to design, text, logos, trade names, graphics, software, and any other materials, is protected by intellectual property rights owned by DuffNall Ltd. or its licensors. You are prohibited from copying, distributing, modifying, or publishing any content from this Website without Our prior written consent.

5.2. Permitted Use

You are permitted to view this Website and print pages for personal, non-commercial use only, such as browsing Our products and placing orders. Any other use, including commercial use or copying for business purposes, is strictly prohibited without Our express written permission.

5.3. Trademarks

You are not permitted to copy, reproduce, or use any of Our trademarks, logos, or brand names that appear on this Website without prior written consent from Us.

5.4. Linking

We reserve the right to request that You remove any links to Our Website from other websites at any time.

5.5. User-Generated Content

By uploading or submitting any content to Our Website, including but not limited to reviews, photos, and videos, You grant Us a non-exclusive, royalty-free license to use, modify, distribute, and share this content with third parties as We deem appropriate.

5.6. Third-Party Content

This Website may include content provided by third parties, such as embedded videos or user-generated content. We do not claim ownership of such content and are not responsible for its accuracy or appropriateness. Any reliance on third-party content is at Your own risk.

6. Limitation of Liability

6.1. General Liability

While We strive to ensure that the content of this Website is accurate and informative, We cannot guarantee its completeness or reliability. You use this Website and rely on its content at Your own risk, and it is not intended to serve as professional advice.

6.2. Website Changes

We reserve the right to modify, remove, or update the content of Our Website at any time, without prior notice.

6.3. External Links

Links to external websites are provided solely for Your convenience. We do not control, endorse, or assume responsibility for the content or availability of any external sites, and Your use of them is at Your own risk.

6.4. Website Availability

While We make every reasonable effort to ensure that the Website remains available and free from errors or viruses, We cannot guarantee uninterrupted access or a completely flawless experience. Technical issues may occur beyond Our control.

6.5. Product Disclaimer

We aim to ensure that product images on Our Website accurately represent the actual products. However, slight variations in color or appearance between online images and the physical product may occur.

6.6. Contractual Obligation

All Goods purchased through Our Website will conform to the contract You enter into with Us, in accordance with these Terms.

7. Acceptable Use and Website Conduct

7.1. Prohibited Content and Behavior

We strictly prohibit any submissions, comments, or behavior that is:

• Defamatory, abusive, obscene, unlawful, sexist, racist, or offensive in any way.
• Aggressive behavior, including the use of swearing, threats, harassment, or abuse toward other users or individuals, will not be tolerated.

7.2. User Information and Responsibility

All information You submit must be accurate, truthful, and original. Do not submit content copied from another source. You must use Your own identity when interacting on the Website and ensure that all provided information is current and accurate to the best of Your knowledge. Do not impersonate others unless You have explicit authorization to do so.

7.3. Consequences of Abuse

We take violations of these terms seriously and reserve the right to:

• Remove inappropriate content.
• Limit Your access to certain features of the Website.
• Ban users who fail to comply with these Terms and Conditions.

8. Ordering Goods and Contract Formation

8.1. Placing and Accepting Orders

When You select an item by clicking "Add to Cart," You indicate an intention to purchase. However, placing an order does not guarantee its acceptance.

8.2. Contract Formation

A contract for the sale of Goods between You and Us is only formed when the Goods are dispatched to You.

8.3. Electronic Orders

Submitting an order via electronic forms or completing the checkout process does not automatically constitute Our acceptance of Your order.

8.4. Multiple Items

You may include multiple items in a single order, subject to any Website or Terms and Conditions restrictions.

8.5. Separate Contracts

Each order You place forms a separate contract.

8.6. Right to Refuse

We reserve the right to refuse to supply Goods to any individual or entity at Our discretion.

8.7. Contract Modifications

Any alteration to the contract initiated by You requires Our explicit agreement. Modifications made without Our approval will not be considered part of the contractual obligations.

8.8. Your Ordering Journey

We aim to make the ordering process clear and straightforward. Please follow these steps:

• Choosing Goods: Select the items You wish to purchase and add them to Your cart.
• Reviewing Your Basket: Double-check the items, quantities, and apply any valid promotional codes if applicable.
• Checkout: Securely proceed to checkout to provide Your customer information and delivery details.
• Address and Delivery: Choose Your preferred delivery method and provide accurate delivery details to ensure timely dispatch.
• Order Summary and Payment: Select a payment method, review Your order carefully, and proceed with payment.
• Placing Your Order: By clicking "Checkout," You confirm Your acceptance of these Terms and Conditions, and Your order is submitted to Us.
• Order Acknowledgement: After receiving payment authorization, You will see a thank-you screen, and We will send an order acknowledgement email containing Your order details.

8.9. Order Refusal or Cancellation

We may refuse or cancel Your order for any of the following reasons:

• Unauthenticated or incomplete payment.
• Website errors related to product descriptions or pricing inaccuracies.
• Failure to meet eligibility criteria as outlined in these Terms.
• Suspected fraudulent activity or a security concern.
• Missing or incorrect order details.
• Unavailability of goods at the time of processing.

8.10. Order Verification and Personal Use

For Your protection, We may contact You via phone or email to verify order details, particularly for high-value orders or orders flagged for potential issues.

8.11. Personal Use

The Goods sold on this Website are intended for personal, consumer use. Reselling or using the Goods for commercial purposes without Our prior consent is strictly prohibited.

8.12. Order Limitations

We reserve the right to limit the total value of any order. Should Your order exceed the limit, We may contact You to adjust the order or, in some cases, cancel it.

9. Pricing, Payment, and Verification

9.1. Understanding Prices and Delivery Charges

Prices and delivery charges are displayed on the Website at the time We accept Your order. All prices are inclusive of VAT and are shown in pounds sterling. Delivery charges are listed separately and may vary based on the value of Your order (e.g., free delivery for orders above a certain amount).

9.2. Price Changes and Offers

While We strive to ensure that all pricing on the Website is accurate, We reserve the right to amend prices at any time without prior notice.

If You notice a price discrepancy between the time of ordering and the time of shipping, please contact Our Customer Services team. You will then have the option to confirm whether You wish to proceed with the order.

Offers and promotions are subject to availability and can be changed or withdrawn at any time without notice.

9.3. Secure Payment Methods

We require full payment for both Goods and delivery charges before dispatch.

We accept the following payment methods:

• PayPal
• Major credit/debit cards (Visa, Mastercard, Maestro, American Express)
• Alternative methods such as WeChat Pay, Alipay, and UnionPay, depending on Your country of residence.

You must be the authorized cardholder to use a card for payment. All payments are subject to validation, security checks, and authorization by the card issuer. If payment is not authorized, We will not accept the order, and We will not be liable for any delays or non-delivery as a result.

9.4. Card Provider Charges

Please ensure You check with Your card provider regarding any applicable charges or fees before submitting Your payment details. DuffNall Ltd. is not responsible for any additional charges applied by Your card provider.

9.5. Stock Availability and Refunds

If We do not have sufficient stock of an item You have ordered, We will notify You via email or phone. In this case, Your order will either be canceled or refunded within 30 days of the original order date. We do not offer compensation for any unavailable goods.

9.6. Security and Verification Measures

To protect You and ensure a secure shopping experience, We conduct verification checks on the information provided during the ordering process. We validate names, addresses, and other details against commercially available records and credit reference services.

We may use third-party agencies for these checks, and information You provide may be disclosed to registered credit reference agencies. By placing an order, You consent to these checks. Please refer to Our Privacy Policy for further information on how We handle Your data.

10. Returns and Faulty Goods

10.1. Standard Returns Policy

You have 14 days from the delivery date to cancel your order without reason (the "Cancellation Period"). Please follow the process below to ensure a smooth return:

• Notification of Cancellation: Notify Us of Your cancellation by email, post, or phone.
• Return Timeline: You must return the items within 30 days of cancellation using recorded delivery or a courier to the address provided.
• Return Costs: You are responsible for the return shipping costs. A 10% restocking fee applies to all returns.
• Condition of Returned Items: Returned items must be unused, in good condition, and in their original packaging or a suitable replacement. Items returned that do not meet these criteria may be refused.
• Refund Timeline: We will refund the full purchase price and the standard delivery charge (if applicable) within 28 days of receiving the returned items or proof of postage.
• Partial Returns: If You are returning only part of an order, You may not be entitled to a refund of the full delivery charge.
• Exclusions: Personalized items, including custom orders, cannot be returned due to their unique nature.

10.2. Faulty Goods

We guarantee the quality and fitness for purpose of all supplied goods. If You receive an item that is faulty or defective:

• Inspection and Replacement: We will inspect the faulty item, and if confirmed as defective, We will either replace the item or refund the full purchase price.
• Return of Faulty Items: Faulty items must be returned within 30 days of receipt.
• Return Costs for Faulty Goods: We will cover the return shipping costs for any items that are confirmed to be faulty.

10.3. Exclusions for Faulty Goods

The following conditions are not covered under our faulty goods policy:

• Normal wear and tear
• Deliberate or accidental damage
• Negligence, misuse, or unauthorized alterations
• Unauthorized repairs or modifications

10.4. Returning Faulty Goods

To ensure the return process is as smooth as possible:

• Return unused items in reasonable condition to the address provided.
• We recommend using recorded delivery or a courier service to ensure the item is securely returned, as We are not responsible for items lost or damaged in transit.

10.5. Processing Refunds and Replacements

We aim to process refunds or replacements within 30 days of receiving the returned items. We reserve the right to inspect any items claimed to be faulty before issuing a refund or replacement.

10.6. General Information

All returns must be made using a tracked delivery service to ensure proof of return. We are not responsible for any lost or damaged items during the return process. Any suspicious return activity may result in further verification, and DuffNall reserves the right to refuse returns in cases of suspected fraud.

11. Limitations of Liability

11.1. General Liability

While We take the utmost care to ensure the quality and safety of Our products, certain legal limitations on Our liability are as follows:

• Our liability for any death or personal injury caused by Our negligence, fraudulent misrepresentation, or fraud remains unaffected by this contract.
• We fully uphold responsibility in areas related to consumer protection rights and any other legally mandated protections.
• Your statutory rights under applicable consumer protection laws are always preserved and unaffected by this agreement.

11.2. Foreseeable Loss and Misuse

We are not liable for any loss or damage You experience that was unforeseen or resulted from misuse of the goods. This includes, but is not limited to:

• Natural wear and tear of the products,
• Damage that occurs after the goods are delivered to You.

11.3. Suitability of Fashion Items

Some of Our products are fashion items primarily designed for casual wear and may not be suitable for intense sports or strenuous activities. We recommend:

• Carefully considering the intended use of any item before purchase,
• Ensuring the item’s suitability for Your particular needs, especially for activities that may require more specialized gear.

11.4. Exclusions and Limitations

To the fullest extent permitted by law, We are not responsible for:

• Any indirect, incidental, or consequential loss or damage,
• Any business-related losses (including, but not limited to, loss of data, profits, revenue, or business opportunities) arising from the use of Our products,
• Any delays or disruptions outside of Our reasonable control.

This limitation of liability does not affect Your statutory rights as a consumer.

12. Delivery and Risk Transfer

12.1. Delivery Timeframes and Estimates

We aim to deliver within the timeframes indicated on Our Website, with "working days" excluding weekends and bank holidays. However, delivery dates provided are estimates and not guaranteed. We are not responsible for delays or any consequences resulting from such delays.

If delays occur, We will notify You via email with an updated delivery estimate where possible.

12.2. Out-of-Stock Items

If any items in Your order are out of stock, We will notify You via email and provide alternative options where available.

12.3. Multiple Deliveries

For multi-item orders, items may be delivered separately, depending on stock availability or logistics.

12.4. Risk Transfer and Ownership

Ownership of the goods transfers to You upon delivery. From this point, You are responsible for the care and protection of the goods. Risk of loss or damage also transfers to You once the goods are delivered.

12.5. Delivery Errors

If You receive incorrect or incomplete goods due to Our error, please contact Us immediately by phone or email. We will correct the issue and arrange for the return of incorrect goods, refunding any applicable return delivery costs.

Do not use any incorrectly received goods until You have contacted Us.

12.6. Delivery Address and Method

Please provide a valid delivery address during checkout. Delivery methods may vary based on the carrier and the nature of the goods. We will choose the most suitable delivery method for Your order. For further details, please refer to Our Shipping & Returns page.

12.7. Alternative Delivery Arrangements

We reserve the right to make alternative delivery arrangements with the chosen carrier, which may include leaving the goods with a neighbor or in a safe place.

12.8. Non-Delivery Notification

If You have not received Your goods within 30 days of the expected delivery date, please notify Us so We can investigate the issue.

12.9. International Delivery Restrictions

Certain products may not be eligible for international delivery due to carrier restrictions. This will be indicated in the product description, during the checkout process, or, in rare cases, may result in order cancellation and a refund.

13. Intellectual Property Rights

13.1. Ownership of Intellectual Property

All intellectual property rights, including but not limited to designs, trademarks, brand names, images, and logos associated with the Goods, belong to Us or Our licensors.

13.2. Retention of Rights

These rights remain Our property, and no title, ownership, or interest in any of these intellectual property rights is transferred to You upon purchase.

13.3. Usage Restrictions

You are granted no rights to use any of the intellectual property associated with the Goods or Our Website without prior written consent from Us or Our licensors.

13.4. Unauthorized Use

Any unauthorized use, reproduction, or distribution of the intellectual property may result in legal action.

14. General

14.1. Limitation of Liability

We are not responsible for any failure to sell goods, fulfill contract obligations, or for any costs or liabilities You incur due to circumstances beyond Our reasonable control. This includes events such as natural disasters, fires, trade disputes, supply chain issues, or terrorist acts.

14.2. Binding Contract

The contract between You and Us is binding. You cannot transfer Your rights or obligations under this contract to another person without Our written consent.

We may transfer or assign Our rights and obligations, or appoint third parties to assist Us, but this will not reduce Our obligations to You.

14.3. Invalid Clauses

If any clause of this contract is found to be invalid or unenforceable, the remaining clauses will continue to apply.

14.4. Waiver of Rights

If either party fails to act on any rights under this contract, this does not affect the right to enforce those rights at a later time. Waiving one right does not affect any other rights.

14.5. Governing Law and Jurisdiction

This contract is subject to English law, and any disputes arising from it will be resolved by the English courts.

14.6. Changes to Terms

We may amend these Terms and Conditions at any time without notice. Changes take effect immediately upon posting on the Website and are deemed accepted by anyone using the Website.

Orders placed before changes are subject to the terms in place at the time of order, unless changes are expressly agreed upon.

14.7. Legal Rights

These terms do not exclude or limit any rights available under applicable law that cannot be excluded or limited.

14.8. Third-Party Rights

Only the parties to this contract have rights under it. No third party can enforce any of its terms.

14.9. Entire Agreement

This contract constitutes the entire agreement between You and Us regarding its subject matter, superseding any prior agreements or understandings. Neither party has relied on any representation or promise not specifically set out in this contract or on the Website.

14.10. Complaints and Dispute Resolution

We have a complaints procedure and a process for handling website queries. Please see Our Customer Charter or contact customer services for further assistance.