Terms and Conditions

Definitions

“Ernest Leoty”, “us”, “we” or “our” means Active Wear Limited, a company registered in England and Wales. Our company registration number is 9615843 and our registered office is at Riverside House, C/O Crowe U.K. Llp, 40-46 High Street, Maidstone ME14 1JH, Kent, England. Our registered VAT number is 231 9279 04.

Please also address any legal correspondence by email to lucy@ernestleoty.com.

General Information

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following Terms and Conditions of use, which together with our Privacy Policy govern Ernest Leoty’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The following terms and conditions will apply between you and Active Wear Ltd, when you buy an item from ernestleoty.com. The terms do not affect your statutory rights.

Your contract for purchases made through ernestleoty.com is with Active Wear Ltd and you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale.

You must be eighteen years old or older to use this site. If you are under eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this site.

You warrant that all details you provide to Ernest Leoty for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit / debit card or other payment method you are using is your own.

You agree that e-mail can be used as a long-distance means of communication.

During the registration process, you will choose a username and password. You are responsible for all actions taken under that username and password and must only purchase from ernestleoty.com under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If you think someone else might know it, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. If there are any changes to the details supplied by you it is your responsibility to inform Ernest Leoty as soon as possible.

It is a crime to use a false name or a known invalid credit card to order. Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law.

Active Wear Ltd reserve the right to end our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:-

• you fail to make payment to us when due
• you breach any of our terms and conditions
• when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity
• we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on ernestleoty.com

Your responsibilities if you break these Conditions

You agree that if you break these Conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.

Ordering

When placing an order, you agree that any and all information given is accurate and complete.

All orders are subject to acceptance and product availability. Availability information for products is listed on each individual product description. If any change to the expected delivery time occurs you will be notified by our Customer Services team.

All prices listed on ernestleoty.com are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time. All prices include applicable taxes

No contract for the sale of any product will exist between you and ernestleoty.com until we accept your order. When this happens we will confirm the acceptance by sending you an email.

This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including VAT and P&P) and usual delivery times.

You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.

If your order has not been accepted, you will receive an email from us telling you the reasons why.

Shipping

Please visit our Shipping page for information regarding domestic and international deliveries.

Payment

ernestleoty.com accept most major credit/debit cards: Visa, MasterCard, American Express as well as payment via PayPal, Amazon Pay and Klarna Pay Later.

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

•         Pay later.

Further information and Klarnas user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.

All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

Cancelling an Order/Returns Procedure

If you haven’t submitted an order, you may clear the items in your shopping basket at any time by clicking the ‘x’ button next to the product you do not wish to purchase in your shopping basket.

If you have placed an order but then wish to change or cancel it, please contact us as soon as you can. We will try our best to make any changes but we cannot guarantee that we will be able to do so as the order may already have been processed. In such cases, you may have to wait until you receive the order and then follow the normal Returns procedures.

If the order has not yet been processed and is subject to cancellation, any sum debited to us from your credit or debit card will be re-credited to that credit or debit account within 30 days of your order.

UK & France Returns Procedure

You may return items sold by ernestleoty.com within 30 days from the date of delivery for a full refund.

Under Standard Returns procedures goods can be returned to Ernest Leoty providing they are in the same condition that they were when delivered to you. Returns can be made according to agreement at the time of purchase. Under this agreement, any sum debited to us from your credit or debit card will be re-credited to that credit or debit account within 30 days of your order. You will be liable to any charges incurred when returning the goods to Ernest Leoty, unless the return is as a result of an error on our side or under a Returns voucher or coupon. Most refunds are processed from our side within 10 working days of the goods being returned subject to their condition upon receipt and the time for the funds to be returned. Please note that this refund timing can sometimes take up to 10 days to arrive back into your bank due to additional bank processing times which are out of our control.

We will not refund any postage and packing charges if you cancel an order or return goods after the seven days allowed under the Distance Selling Regulations or if you only cancel part of your order. Postage and packing charges will be refunded is agreed as part of a promotion at the time of sale.

We highly recommend that when returning any item to Ernest Leoty that you retain a proof of postage from the Post Office or delivery company. Please also include a note to indicate that you are the sender, this is most easily done with our returns form included in your package. You may chose to send returns via Special Delivery, but we regret we cannot refund the additional charges for this service. Items must be returned new, and unused. Returns that are damaged, soiled or altered may not be accepted or a service charge may be applied.

Items will be considered faulty if they have a manufacturing fault within 6 months of purchase. Goods that are damaged as a result of wear and tear will not be considered faulty.

Please visit our Returns page for more information.

US/International Returns Policy

You have 30 days from the arrival of your order to return the goods to be eligible for a refund.

Ernest Leoty can not cover the cost of International returns, therefore you will need to initiate the return with your local postal courier. Please ensure you obtain a proof of postage for your own records.

While you will be required to cover the cost of returning the item, we will not charge for the delivery of the exchanged item for you.

Please visit our Returns page for more information.

Exchange Policy

Ernest Leoty will be happy to exchange for the same item most products that are damaged, faulty or incorrectly shipped through any circumstance that is in our error within 30 days from the date of dispatch.

Under such agreed circumstances Ernest Leoty will cover the cost of shipment of the replacement items.

Ernest Leoty will be happy to fulfill any size exchange request for the same item within 14 days from the date of dispatch. Ernest Leoty will cover the cost of shipment of the exchanged items.

For exchanges for other items you will need to return your current order for a refund and place a new order.

Privacy

Ernest Leoty will not pass on your personal, credit or debit card details to any third party.

We will never ask for personal details via email. If you receive an unsolicited email asking you for your ernestleoty.com log in details, please contact our Customer Service team immediately.

Liability

We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.

If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on ernestleoty.com is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.

In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.

We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any differences in colour between the image and the actual product.

The products sold on ernestleoty.com are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from ernestleoty.com

We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.

We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:

Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or Any loss of goodwill or reputation; or

Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Copyright

All rights, including copyright, in the content of the ernestleoty.com web pages are owned or controlled by Activer Wear Ltd. In accessing ernestleoty.com web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the ernestleoty.com web pages for any other purpose whatsoever without the prior written permission of Active Wear Ltd. The Blog section of the Ernest Leoty website includes material from guest bloggers and comments from individuals or companies other than Ernest Leoty. All such article and comments are their own when stated.

Third Party Information

We can not be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Ernest Leoty products are those stated on the Ernest Leoty material. We can not vouch for the reliability of prices stated on shopping directories or through any other third party.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. Survival Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Ernest Leoty and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation except where that representation has been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.