Terms and Conditions
Clause 1. These terms
These are the terms on which we supply our ERNEST LEOTY products to you (each one being a “Product”) when you purchase Products from www.ernestleoty.com (“Website”).
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. You may wish to print these terms for your future reference.
Clause 2. Information about us and how to contact us
“ERNEST LEOTY”, “us”, “we” or “our” means Active Wear Limited, a company registered in England and Wales. Our company registration number is 9919562 and our registered office is at 26, Curtain Road, EC2A 3NY, London, England. Our registered VAT number is 231 9279 04.
If you have any questions about any aspect of the Website or the Products, you can contact us by emailing us at firstname.lastname@example.org, (the “Contact Details”).
If we have to contact you, we will do so by telephone or by writing to you using the telephone number, the email address or postal address you provided to us in your order.
When we use the words "writing" or "written" in these terms, this includes emails.
Clause 3. Register an Account
You can register an account with us at any time.
Clause 4. Our Products
Goods supplied from the Website are designed and manufactured by ERNEST LEOTY. The images of the Products on our Website are for illustrative purposes only. Although we have tried to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
The packaging of the Products may vary from that shown in images on our Website.
We have included a Size Guide on our Website however as this is a generic and standardised chart, we will not be held liable for any Products that do not comply with this client. If a Product does not fit, clause 13 will apply.
Clause 5. Ordering
You can order Products from our Website as follows:
Browse the Website and add the Products you wish to purchase into the shopping bag;
Once you have added all the Products you want to buy into your shopping bag, click on the “Check Out” button;
Complete all the required information boxes including your payment information and delivery details;
Choose your preferred delivery option and complete the order;
You will be taken to a payments authorisation page where your payment will either be approved or rejected. Please note that the approval of your payment does not mean we have accepted your order. On payment approval, a copy of your order will be sent to us;
Once we have received your order, we will email you to accept the order and give you an order reference number (“Order Confirmation”). If we cannot accept the order, we will let you know by email and we will not charge you for the Products; and
We will charge the payment card you used to pay for the Products at the Products’ full retail price as set out on the Website as well as any delivery charges (as applicable). We will deduct payment from your payment card immediately on both completion of you placing an order on the Website and approval of the order by our credit card payment gateway provider.
Once we have received full payment in cleared funds, we will dispatch the Products to you using your preferred delivery method.
Clause 6. Accepting an Order
Our acceptance of your order will take place once clause 5 (point 6) is completed. At this point, a contract between you and us will come into existence in relation to the Products and any Replacement Products ordered by you which means you will have agreed to be bound by these terms. If you do not accept these terms, you will not be able to order any Products from our Website.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for your order. This might be because one of the Products on your order is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because your payment has not been authorised by our third party payments gateway authorisation provider or because we have identified an error in the price or description of the Product.
We will need you to give us certain information so that we can supply the Products to you, for example, your name, delivery and billing addresses, contact number and payment information. We will request this information either when you register for an ERNEST LEOTY account (and this information will be used when you place an order with us) or, if you do not order through an ERNEST LEOTY account, when you place an order with us as a guest user. If we do not have this information at the time of the order or if you give us incomplete or incorrect information, we may not be able to process your order and therefore we may cancel the order and clause 15 (point 2) will apply. We will not be responsible for delivering the Products late or not delivering any part of the order if this is caused by you not giving us the information we need during the ordering process.
If you need to contact us about an order, it will help us if you can tell us the order reference number sent to you in the Order Confirmation whenever you contact us. If you do not receive an Order Confirmation and/or order reference number, you can contact the Customer Care Team using the Contact Us details who will then be able to give it to you after you have provided them with certain information to help them identify your order.
Payment must always be received in pounds sterling for orders completed in the UK. Our Website will provide pricing in pounds sterling and delivery options to the UK and to Europe.
ERNEST LEOTY reserves the right to charge applicable delivery costs based on your location of ordering.
If you wish to make a change to a Product you have ordered such as a different size or colour before we have shipped your order to you, please contact us using the Contact Details within one hour of receiving the Order Confirmation. We will process any request for change to orders during the hours of 09:00 – 17:00 GMT, Monday to Friday (except on bank holidays and public holidays) (“Business Days”). For example, if we receive your request at 17:45 GMT on a Friday, we will process it at 9:00 GMT the following Monday.
As orders are processed and dispatched quickly during each Business Day, we cannot guarantee that we can change your order to your request before it is dispatched.
If it is possible we will let you know about any changes to the price of the Product, the delivery times or costs or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
If we cannot make the change or the consequences of making the change are unacceptable to you and if we have not yet shipped the Products under the order to you, you may choose to cancel all or part of the order (see clause 14, point 2).
We cannot process a change to the order once it has been dispatched.
We may change the Products, Website or these terms to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements for example, to address a security threat which will not affect your use of the Product.
If we do change the Products, Website or these terms for any other reason, we will notify you and you may then contact us to cancel any order and receive a refund for any Products paid for but not dispatched. If we have dispatched an order to you before you had the opportunity to cancel, you may return the Products to us under clause 14 (point 2).
The price of the Product (which includes UK VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 9 (point 3) for what happens if we discover an error in the price of the Product you order.
If the rate of VAT changes between your order date and the date we dispatch the Product to you, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel the order, refund you any sums you have paid and require you to return of any Products provided to you.
We accept payment with VISA, Mastercard, Maestro, American Express and you must provide us with all requested information required to pay for the Products before we dispatch them. We will deduct any payment from your payment card as described in clause 5 (point 7).
If you think the amount due under an order is wrong please contact us promptly to let us know. We will either confirm the amount is correct, refund you the difference if the amount you paid is too high or, at our discretion, request you pay the difference if the amount on the order is too low.
Clause 10. Delivery
The costs of delivery will be as displayed to you on our Website. Please refer to clause 6 and our Shippingand Returns Policy, click the link for delivery charges.
We will make every effort to deliver the Products to you in accordance with your chosen delivery option and in any event within 10 Business Days after the day on which we accept your order. Any delivery after the tenth Business Day for standard delivery will be considered to be a late delivery.
If delivery of the Products is delayed by an event outside our control where possible then once we have been made aware of the delay, we will contact you as soon as possible to inform you of the situation and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, even if express delivery options have been paid for by you. If there is a risk of substantial delay you may contact us to cancel the order and receive a refund for any Products you have paid for but not received. If the Products have been dispatched but a delay in delivery means that you are refunded for the order but the Products are then delivered to you, you can either return the Products at our cost or you can pay for the Products in full and not return them by getting in touch with our Customer Care Team using the Contact Us
If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
If after a failed delivery to you, you do not re-arrange delivery or collect the Products from the relevant delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may cancel the order and clause 15 (point 2) will apply.
Products will be your responsibility from the time you receive the Product at the address you gave us.
You will own a Product once we have received payment in full and cleared funds for each of the Products. When you order, payment will be taken in accordance with clause 9.
We may have to suspend the supply of a Product to you if:
we have to deal with technical problems or make minor technical changes to the Website or the Products;
we have to update the Product to reflect changes in relevant laws and regulatory requirements; or
you have supplied us with incorrect or fraudulent information.
Where possible, we will contact you in advance to tell you we will be suspending supply of the Product to you, unless the problem is urgent or an emergency or if there is a legal or contractual obligation that prevents us from doing so. You may contact us to cancel the order for a Product if we suspend it, or tell you we are going to suspend it, and (after you cancel the order) we will refund any sums you have paid for the Product that have not and will not be delivered under the relevant order.
If we do not receive full and cleared payment for the Products when you place an order either because of incorrect payment card information, insufficient funds on the payment card or for any other reason the order will not be completed and we will not send you an Order Confirmation or deliver any of those Products to you.
We will not suspend the order where you dispute the payment due to us under the order (see clause 9, point 5).
Clause 11. Credit Services
We will not supply Products on any credit basis.
Clause 12. Promotional Codes
If we, or a third party, offers a promotional code to be used on our Website (for example codes that offer a Product discount), you will only be able to use the promotional code once and it cannot be used in conjunction with any other offer, discount or promotional code.
Promotional codes offering a discount on Products will be calculated as a deduction from your total order amount for Products only.
Promotional codes will not discount any applicable shipping charges.
We reserve the right to prevent a promotional code being used at any time and without reason.
If you require any assistance, please email us using the Contact Usdetails with the subject being ‘Promotional Codes’.
At your request, we will send you a returns form (“Delivery/Return Note”).
You may exchange or return a Product to us within 28 days of you receiving the Product.
If you return a Product to us for any reason, you must complete the Delivery/Return Note, and send it back to us with the relevant Product stating whether you want a refund or an exchange of that Product. If you do not send a completed Delivery/Return Note back to us, we may not be able to process your refund. However, if we are able to identify your order without a completed Delivery/Return Note when we receive the returned Product, we may process the refund pursuant to these terms but we shall not be held responsibility or liable to pay you any compensation if we are delayed in processing such refund.
You must send your returned Products and the Delivery/Return Note to the address we will provide you with by email, in order to be eligible for a refund.
You will only be allowed to exchange a Product once and the exchange must be for the same Product but in a different colour or size (“Replacement Product”). You will be able to inform us of an exchange by marking your selection on the Delivery/Return Note included in your parcel.
A Replacement Product will be considered as part of the original order placed with us and will be subject to these terms.
If the Replacement Product is returned, we will only offer you a refund for an amount equal to the cost of the Replacement Product or the original ordered Product, whichever Product has been charged to your payment card.
Once we have received the returned Products and if you requested an exchange for the same Product in a different colour or size, we will do our best to send out your replacement Product using standard delivery unless you consent to being charged the additional cost for an express delivery option on the Delivery/Return Note, in which case we will deliver using your preferred option.
We will make any refunds due to you as soon as possible to the same payment card used by you to pay for the Products. Your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. You will only:
be eligible for a refund on the Product;
be eligible for an exchange; or
if the Product(s):
are returned with their original packaging and tags;
are inherently faulty;
misdescribed on our Website;
have not had any hygiene strips removed even if they have been replaced by you;
are not in any way damaged, scented or marked (please take care not to wear any deodorant, fragrance or make up that may leave the clothes marked or scented as we will consider that to be in an un-saleable condition);
are not earrings or other pierced body jewellery, and
are in full saleable condition.
You will be liable for the costs of returning the Products to us.
Clause 14. Your Rights to Cancel the Order
To cancel an order, please let us know by contact our Customer Care Team using the Contact UsPlease provide your name, home address, details of the order and, where available, your phone number and email address.
If you choose to cancel your order:
because you have changed your mind, you must send back the Products to us no later than 28 days from receiving the Product in accordance with clause 13. You must have dispatched the Product by the 14thday after you received the Products to be eligible for a refund. We may reduce your refund (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount in compensation;
as a result of late deliverybut this is not due to reasons set out in clauses 10, point 3, 4 or 5, you can do so by contacting us using the Contact Details as soon as possible after placing the order and your order will be cancelled immediately or (if your order has already been dispatched), by returning the order to us within 28 days’ of receipt pursuant to clause 13. We will refund any sums you have paid to us for the cancelled order and any delivery costs you incurred for that order. If the Products have been delivered to you, you must send back the Products to us no later than 28 days from receiving the Products. You must have dispatched the Products by the 14th day after you received the Products to be eligible for a refund; or
as a result of something we have done or have told you we are going to do as follows:
we have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;
there is a risk that supply of the Products may be significantly delayed because of events outside our control;
the Products have been delivered late;
we have suspended supply of the Products for technical reasons, or notified you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
you have a legal right to cancel the order because of something we have done wrong,
you can do so by contacting us using the Contact Us details as soon as possible after placing the order and your order will be cancelled immediately or (if your order has already been dispatched), by returning the order to us within 28 days’ of receipt whereby we will refund you in full for those Products ordered and delivery costs paid and you may also be entitled to compensation;
but we are not at fault and you do not have a right to change your mind, you can still cancel the order before it is completed, but you may have to pay us compensation. An order is completed when the Product is delivered and paid for in full (being the retail value of the Product on the day of ordering). If you want to cancel the order in these circumstances, just contact us to let us know using the Contact Details. The order will be cancelled promptly after your notification to us and:
if the Products have not been dispatched, we will refund any sums paid by you for the Products and delivery to the same payment card you used to order the Products as soon as possible; or
if the Products have been dispatched, you must return the Products to us before we will process the refund to you in accordance with clause 13 and 14, point 2,
but we may deduct reasonable compensation for the net costs we will incur as a result of your cancelling the order from that refund.
We may cancel the order for a Product at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
you do not, within a reasonable time, allow us to deliver the Products to you.
If we cancel the order in the situations set out in clause 15, point 1 we will refund any money you have paid in advance for Products we have not dispatched to you but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you cancelling the order.
If you have any questions or complaints about a Product, please contact us. You can get in touch with our Customer Care Team using the Contact Us
We are under a legal duty to supply Products that are in conformity with these terms. See the box below for a summary of your key legal rights in relation to the Products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says Products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:
up to 30 days: if your Products are faulty, then you can get an immediate refund.
up to six months: if your Products can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six years: if your Products do not last a reasonable length of time you may be entitled to some money back.
If you wish to exercise your legal rights to reject Products on the basis of the summary above, you must post them back to us and we will pay the costs of postage. Please follow the returns procedure set out in clause 13.
Clause 17. Your Rights to Cancel Your ERNEST LEOTY Account
You may, at any time and without providing a reason to us, cancel your ERNEST LEOTY account.
This can be done by either sending us an email setting out your name, billing address for the most recent payment card and contact number to email@example.com;
Once you have confirmed that you wish to cancel your account:
and you have an outstanding order, we will cancel your account within 2 Business Days after all outstanding orders have been processed, delivered and the ability to return Products to us for those outstanding orders has expired; or
if you have no outstanding orders and the time for returns has passed in relation to processed orders, we will cancel your account within 2 Business Days of your request.
By requesting that we cancel your account using any of the methods set out in clause 17, point 2, you agree to us removing the following:
- login details;
- ability to reset the password on your account;
- billing addresses;
- delivery addresses;
- card payment information; and
- email address for mailing lists,
from our system.
You agree that we may keep anonymised data of you for our records to be used only in accordance with:
our personal data obligations as set out in clause 20;
our personal data obligations as set out in the Data Protection Act 1998 under which you are considered a Data Subject and us as a Data Controller; and
for our historical records of sales data and analysis.
Clause 18. Our Rights to Cancel Your ERNEST LEOTY Account
We may cancel your ERNEST LEOTY Account if:
you have provided us with fraudulent information;
you have not paid for the Products delivered to you in full for whatever reason (except where your failure to pay is as a result of an error with our Website or payment systems) but you are in possession of the Products;
you have had an account with us using different details and that account has been cancelled within the prior 6 months;
you have set up an account with us using different details and that account still exists on our database as an active account (i.e. not cancelled); and/or
You cannot register a new account with us for at least 6 months after you have had an account cancelled.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these terms were agreed to, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at clause 16, point 2.
We will use the personal information you provide to us:
to supply the Products to you;
to process your payment for the Products; and
if you agreed to this during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting us.
We may pass your personal information to credit reference agencies. Where we extend credit to you for the Products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
We will only give your personal information to third parties where the law either requires or allows us to do so.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to cancel the order within 5 days of us telling you about it and we will refund you any payments you have made in advance for Products not dispatched.
All intellectual property relating to us and our Products (including but not limited to the ERNEST LEOTY brand, trademarks, business names, goodwill, domain names, copyrights and design rights related to ERNEST LEOTY and/or the Products) are, and at all times, will be ours. You agree that you will not copy, disassemble and pass off any of our Product designs and our brands as your own. If you do, we have the right to bring a claim against you to recover any loss or damage we incur as a result.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not pay us and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.