Terms of Service

In General

These terms and conditions  govern how DSUnderwear LTD conducts business with you in relation to www.DSUnderwear.com (the “Website”).

The terms ‘DSUnderwear’, ‘we’, ‘us’ and ‘our’ refer to the website owner, DSUnderwear Limited, whose registered office is Suite 324, 40 Princess Street, Manchester, M1 6DE, United Kingdom, and whose company registration number is 10578300, registered with the Registrar of Companies for England and Wales. 

The terms ‘you’ and ‘your’ refer to the user or viewer of the Website.

By using the services available through this Website (collectively, the ‘Services’) and purchasing products (collectively, the 'Goods'), you are agreeing to all of the terms and conditions set out on this page and our privacy policy.

DSUnderwear LTD may change these terms and conditions at any time without prior notice. You should check this page regularly to take notice of any changes made.

The use of this Website is subject to the following terms of use.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

 

Your Conduct

You must not misuse this Website. Unauthorised use of this Website may give rise to a claim for damages and/or constitute a criminal offence under the Computer Misuse Act (UK) 1990, as amended. DSUnderwear will report any such breach to the relevant law enforcement authorities and disclose your identity to them. Breaches include, but are not limited to, the following:

- transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

- commit or encourage a criminal offence; corrupt data; hack into any aspect of the Service;

- cause annoyance to other users; attempt to affect the performance or functionality of any computer facilities of or accessed through this Website; 

- infringe upon the rights of any other person's proprietary rights or send any unsolicited advertising or promotional material, commonly referred to as ‘spam’.

Mofication  to products and prices

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

 

4) Copyright and Trademarks 

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. The intellectual property rights in all software and content made available to you on or through this Website remain the property of DSUnderwear LTD  and/or its licensors and are protected by intellectual property and copyright laws and treaties around the world. All such rights are reserved by DSUnderwear LTD and its licensors. You are not permitted to publish, distribute, manipulate or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise without the prior written permission of DSUnderwear LTD

 

Access to DSUnderwear.com

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice.

We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or to all of the Website.

 

 

5) Account Registration

DSUnderwear LTD reserves the right to close, restrict access to or take any other action against customer accounts.

 

6) Terms of Sale

By placing an order you are offering to purchase a goods on and subject to the following terms and conditions. 

 

6.1. Our Contract

When placing an order, you undertake that all details you provide us are true and accurate.

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we have received your order, received payment in full and as cleared funds and accepted your order. At this point, a binding legal contract is created, subject to your right of cancellation.

DSUnderwear LTD retains the right to cancel any order for any reason. 

  

Payment

Payment for the goods and postage and packaging charges can be made by any method shown on the Website at the time you place your order but you must possess a valid credit or debit card issued by a bank acceptable to us or a verified Paypal account. You must be the authorized user of the credit card, debit card or Paypal account. It is your responsibility to ensure that there are sufficient funds to cover the cost of the goods and postage and packaging.

Goods will not be dispatched until payment of cleared funds is received. 

 

6.4. Discount Codes

We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.

The conditions of use relating to any discount code will be specified at the time of issue. DSUnderwear LTD reserves the right to vary the terms at any time.

DSUnderwear LTD may reject the use of or remove the availability of a discount code at any time and for any reason.

Only one discount code may be used for each purchase. Discount codes do not apply to postage and packaging charges or sale goods, unless otherwise specified. 

Discount codes must be applied at the checkout and will not be applied retrospectively after an order has been confirmed.

  

6.6. Deliveries

Goods you order will be delivered to the address you provide when you place your order.

Deliveries are only made to countries that can be serviced by the United Kingdom’s Royal Mail and only those listed at the check-out. DSUnderwear LTD may withdraw delivery services to any country at any time.

Delivery times are not guaranteed and are subject to any delays resulting from postal delays, Customs processing or force majeure for which we will not be responsible, including any loss or damage suffered by you through reasonable or unavoidable delay in delivery. Please refer to our delivery policy for estimated delivery times.

Goods are not considered to be lost until after 15 working days for deliveries within the UK and 25 working days past the expected delivery date for International deliveries. If goods are lost, DSUnderwear LTD will check all available tracking details and then send replacement goods if available. It is the policy of DSUnderwear LTD  to send a replacement goods if available rather than issue a refund.

You must tell DSUnderwear LTD if a parcel is later delivered that was previously considered to be lost. DSUnderwear LTD will consider whether to send a pre-paid mailing bag for you to return those goods.  

If you fail to take delivery of the goods or provided an incorrect or incomplete delivery address which did not allow the goods to be delivered, we will refund you for the purchase price of the goods, in the same manner that payment was received, if and when they are returned to us by the postal services, but not for the original cost of postage and packaging. If you fail to take delivery of the goods because you cancelled your contract under The Consumer Protection (Distance Selling) Regulations (UK) 2000, as amended, DSUnderwear LTD will refund you within 14 days for the purchase price that was paid, in the same manner that payment was received, once the goods have been returned..

 

6.7 Customs

When ordering goods from DSUnderwear LTD for delivery outside the EU you or the recipient may be subject to import duties, taxes and fees which are levied according to local Customs policies and/or laws. DSUnderwear LTD cannot be responsible for the payment of these.

Customs authorities may open and inspect packages.

Customs processing may cause delays to delivery of parcels, of unlimited length. DSUnderwear LTD  is unable to contact Customs authorities whilst they process a parcel.

 

Cancellations

You have the right to cancel the contract at any time up to 30 calendar days after you receive the goods.

To exercise your right of cancellation, you must give written notice to DSUnderwear LTD, providing details of the goods and order. Except in the case of faulty or miss-described goods, if you exercise your right of cancellation after the goods have been dispatched to you, you will be responsible for returning the goods to DSUnderwear LTD at your own cost to the trading address of DSUnderwear LTD, ensuring that the goods are not damaged in the meantime or in transit. If you do not return the goods as required, DSUnderwear LTD may charge you the direct costs of recovering the goods.

DSUnderwear LTD will refund you within 14 days of the goods being received back. Refunds will be made in the same manner as the original payment.

Refunds do not include the cost of outbound delivery unless the standard delivery option was selected for the order. The standard delivery option is the cheapest delivery option at checkout that was available for your order.

You do not have the right to cancel the contract if the order is for goods you have worn unless the only way to discover a fault is by wearing or washing the goods. 

 

6.10. Returns and Exchanges.

You have the right to return goods at any time up to 30 calendar days after you receive the goods.

DSUnderwear LTD will only accept returns for goods free of fault received back in a condition suitable for re-selling - unworn, in their original condition and with all tags and original packaging intact and undamaged.

Except in the case of faulty or miss-described goods, you will be responsible for returning the goods to DSUnderwear LTD at your own cost, to the trading address of DSUnderwear LTD, You must take reasonable care to ensure that the goods are not damaged in the meantime or in transit.

Refunds do not include the cost of outbound delivery unless the standard delivery option was selected for the order. The standard delivery option is the cheapest delivery option at checkout that was available for your order.

If a parcel is returned with the incorrect postage on it and incurs a fee which DSUnderwear LTD pays, the value of that fee will be deducted from any refund.

 

 

6.11 Faulty Goods and Miss-Descriptions

In the case of faulty or miss-described goods we shall, after receiving written notification of the fault or miss-description, ask you to return the goods yourself and refund your reasonable postage costs or alternatively provide you with a pre-paid mailing bag to return the goods. If you are able to provide photographic evidence of any fault, we may not then require the goods to be returned.

In the case of goods that develop a fault over time, DSUnderwear LTD will consider refunds for goods that were purchased within the last three months. We shall request you to provide photographic evidence of any fault. We may then ask you to return the goods yourself and refund your reasonable postage costs or alternatively provide you with a pre-paid mailing bag to return the goods.

DSUnderwear LTD will provide replacement goods where available, to replace faulty goods. If replacement goods are not available or where goods have been miss-described, DSUnderwear LTD will refund you within 14 days of the goods being received back. Refunds will be made in the same manner as the original payment. 

DSUnderwear LTD will not provide replacement goods or refunds where goods have been washed in a way that is not compliant with the washing instructions on the labels of those goods. 

DSUnderwear LTD will only refund miss-described goods if they are received back in a condition suitable for re-selling - unworn, in their original condition and with all tags and original packaging intact and undamaged.

DSUnderwear LTD will make any refunds due within 14 days of the goods being received back. Refunds will be made in the same manner as the original payment. 

 

 

8) Disclaimer of Liability

Information and materials displayed or offered on this Website are provided without any guarantees, conditions or warranties as to its accuracy, timeliness, performance, completeness or suitability. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude any liability for any such inaccuracies or errors to the fullest extent permitted by law, unless expressly stated to the contrary.  We shall not be liable for any damages whatsoever arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect the liability of DSUnderwear LTD which cannot be excluded or limited under applicable law.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

 

9) Indemnity

You agree to indemnify, defend and hold harmless DSUnderwear LTD, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the terms and conditions.

 

10) Variation

DSUnderwear LTD shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

11) Invalidity

If any part of the terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the terms and conditions will not be affected. All other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

12) Waiver

If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions.

 

13) Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.

 

14) Entire Agreement

The above terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and DSUnderwear LTD. Any waiver of any provision of the terms and conditions will be effective only if in writing and signed by a Director of DSUnderwear LTD.