Terms and Conditions
Terms & Conditions
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions:
1. All orders are subject to availability and confirmation of the order price.
2. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK, excluding Highlands and Islands and subject to any delays resulting from postal delays or force majeure
3. In order to contract with Polaris Apparel Ltd you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
4. Polaris Apparel Ltd retains the right to refuse any request made by you.
5. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Polaris Apparel Ltd or may in some cases be a third party. Where a contract is made with a third party, Polaris Apparel Ltd is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.
6. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
7. The cost of foreign products and services may fluctuate.
8. All prices advertised are subject to such changes.
Payment
Please note we have a fraud score operation in place on our card payments. If your purchase is flagged as potential fraud we withhold the right to not ship your garments until 1. it is proved there is no risk of fraudulent transaction or 2. you may be asked to pay for the goods via a BACS transfer or Paypal payment, once the BACS payment has been received we will refund the card payment and ship the goods once the payment has cleared in our account. We appreciate your patience whilst we deal with the issues caused by fraudulent payments.
We withhold the right to cancel orders where we can not verify the origin on the payment and where no alternative form of payment can be produced again we appreciate your patience whilst we deal with the issues caused by fraudulent payments.
Our Contract
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Pricing & Availability
All prices are inclusive of UK VAT at the current rate unless clearly stated otherwise. It is our policy to offer goods at the most reasonable price possible, however, if, due to circumstances beyond our control, we deem it necessary to alter any advertised price, we reserve the right to do so without prior notice.
If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund
Shipping of Home-Brand & Outsourced Products
All shipping times advertised across the website are as accurate as possible when considering home-brand Polaris Brand product and any delays through this may be contriubted to outside factors, we are not to be held responsible for these delays. Our responsibility is with the product dispatch. For outsourced product not bearing the Polaris name all product may be subject to an extended delivery time. For up to date information please see our shipping terms page.
Order Cancellation
Outstanding orders can be cancelled at any time prior to despatch. In instances where payment has already been made, an alternative or refund in full for the item(s) concerned will be given. In the event of any goods delivered by us being damaged in transit, or failure to match the items ordered by you, then such details must be notified by you to us within seven working days of receipt. If we receive no such notification the customer will be deemed to have accepted the items as satisfactory. We cannot be held liable for any consequential loss caused by late delivery or failure to deliver by the company's appointed carrier. Liability in such cases is limited to the value of those items, which are shown to have not been received by the customer.
Returns
PLEASE NOTE returns for exchange of size/colour or for refund are at the cost of the customer. We will ONLY provide a FREEPOST address if the items are deemed to be defective, Please see the defective items Ts&Cs below
Defective Product Exclusions,
Every product sold via Polaris Bikewear is deemed suitable for sale and opperational in purpose. It is the responsibility of the purchaser to ensure their correct size, colour, attribute of the selected product. If the item you receive is deemed defective against the use, operation or manufacture then Polaris will be happy to provide a FREEPOST label in order to receive the item back and to be investigated.
Distance Selling Regulations
You have a right to cancel your order within 14 (fourteen) days following the day after the date of delivery for any unused item purchased through the website under the distance selling regulations for refund. This does not apply to any perishable goods, or items personalised or made to your specification.
To cancel any item, you can e-mail, telephone, message, or write to us quoting your invoice number. You must take reasonable care of the items, and must not use them. Goods must be returned to us within seven days of your notice to cancel. Items may be returned to Polaris Apparel Ltd, at the contact address below:
Polaris Apparel Ltd
Velocity Point
Wreakes Lane
Dronfield
Derbyshire
England S18 1PP
If you wish to contact Polaris Apparel Ltd. by telephone, please call +44 (0)1246 291 100. All other contact information is available at polaris-bikewear.co.uk.
Force Majeure
We will not be liable for non-performances of our obligations caused or resulting from industrial disputes or any other circumstances beyond the reasonable control of the company such as act of God, riots, civil commotion, flood, fire and legislation. If by reason of such circumstances it shall become impossible within a reasonable time for the company to wholly or partly supply the items ordered then the customer's liability will be limited to the value of the items already supplied together with any associated delivery charges.
Products
Products are sold singly unless otherwise stated. Every effort is made to ensure the colours depicted on the site match as closely as possible those of the actual product. Due to technical limitations, some colours may vary from screen to screen. If the colour is not what you expected then you have the right to return the goods as specified in our “Distance selling regulations”
Guarantee
All products offered are guaranteed for a period of three months unless otherwise stated from the date of the original invoice against failure to provide reasonable wear owing to defective workmanship or materials. The guarantee excludes faults caused by accident, neglect or misuse. In the event of a fault claim, please return the item with a copy of the original invoice to our contact address below. Please clearly identify the area or part that has failed. All items must be returned in a clean, dry condition.
Coupons & Discount Codes
The application of discount codes to non-Polaris brand items is subject to a manual price review. We work closely with the brands we stock alongside Polaris Bikewear to maintain a fair price point and this can cause certain product to be exempt from promotions. If it is found that we can not provide the item after discount we reserve the right to cancellation because of this.
Please note discount codes on orders can only be applied to the statedoffer and not to products outside of the offer itself. Polaris Apparel Ltd. reserve the right to withhold, withdraw or amend the content and validity of these coupons and discount codes at any time.
: SIGNUP Discount, the 15% off applies only to full price Polaris Bikewear products on the website, no other brands we sell on behalf of
: Free gifts. From time to time we will offer free gifts with certain items (eg Free StrideOut Foot Oil with a sock purchase). Free gifts will be offered as 1 per order regardless of the number of applicable products ordered. No discount will be applied if free gifts are not included and Polaris Apparel Ltd reserve the right to withhold this or any other offer or discount. Any product purchased with a free gift can only be returned for an exchange or refund if the gift is also returned. Any return that does not include the free gift will not be accepted.
: Free/reduced shipping. Any and all reduced shipping offers apply only to addresses in mainland UK unless otherwise specified. Polaris Apparel Ltd. reserves the right to withhold delivery to any address, in which case a refund may be issued without explanation. Refunds on shipping during 'Free shipping events' cannot be applied retrospectively.
1. Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
2. Promotional 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 application and validity of these promotional discount code are subject entirely to the discretion of the issuer (Polaris Apparel Ltd.) Polaris Apparel Ltd. reserves the right to withdraw or reject any discount code at any time without prior notification. Application of a discount code at check out does not constitute approval of its usage.
3. If goods are returned where a discount or voucher code has been used then only the payment will be refunded not the discount or voucher
Gift Vouchers
1. Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by.
2. We can’t accept any responsibility for stolen or deleted gift vouchers.
3. We’ll despatch your gift voucher as soon as payment has been cleared, either by post or by email if preferred.
4. We’re afraid we can’t be responsible for any delays, no matter how they are caused.
5. We can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.
6. From time to time, gift vouchers may get caught in spam filters and it’s up to the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, or the capacity of the recipient’s mailbox or any other factors outside of our control.
7. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two).
8. We reserve the right to vary these terms and conditions
9. The conditions of use relating to any discount code will be specified at the time of issue.
Polaris Bikewear CC Membership
Membership lasts 12 months from day of purchase. After this 12 month period you may be required to renew to maintain your membership privileges. Lower prices refer to recommended retail price and apply to prices as quoted on polaris-bikewear.co.uk and no other point of sale. The price guarantee refers only to items bought on the account that the Polaris Bikewear CC membership is registered to, and only applies to items that have been bought whilst membership is active. If membership has expired, then no voucher can be applied. The price guarantee applies only to items purchased, or listed on polaris-bikewear.co.uk. Prices quoted from other points of sale will not be considered.
Items in the welcome pack are offered subject to availability. Where items are unavailable, replacements are offered entirely on the prerogative of Polaris Bikewear Ltd. and are not guaranteed.
Free shipping applies only to standard 3-5 day UK delivery. Express shipping, international shipping and oversized (ie. orders weighing over 2kg) shipping are not offered as part of the free shipping allowance. Free shipping allowances are only permitted to be used by the membership holder, on the account their membership is registered on. Any attempt to transfer this free shipping allowance to another account or customer will not be accepted and may result in a suspension of membership privileges.
Offers and discounts cannot be applied retrospectively. Orders placed without any discounts applied cannot be amended to apply any discounts. Polaris Bikewear Ltd. reserve the right to withhold or suspend membership privileges at any time.
Ethical Sourcing Policy
As a reputable and trusted business committed to offering its customers high quality products Polaris Apparel recognises its obligation to ensure that suppliers are operating ethically. We expect our suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights.
All suppliers are expected to comply with their national employment laws and regulations with particular regard to:
• Minimum age of employment
• Freely chosen employment
• Health and safety
• Freedom of association and the right to collective bargaining
• No discrimination
• No harsh or inhumane treatment
• Working hours
• Rates of pay
• Terms of employment
Polaris Apparel Ltd will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instil these principles when dealing with their own supplier base.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Polaris Apparel Ltd and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, 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 Polaris Apparel Ltd liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
Indemnity
You agree to indemnify, defend and hold harmless Polaris Apparel 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 this Website or your breach of the Terms of Service.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Polaris Apparel will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Variation
Polaris Apparel 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.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining 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.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these 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 conditions.
Governing Law & 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.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Polaris Apparel. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Polaris Apparel Ltd. These Terms & Conditions come into effect after the last document is sent by either party.