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Terms and Conditions

1. General

  • 1.1 These terms apply whenever we agree to sell our goods to the exclusion of any other or inconsistent terms unless otherwise agreed in writing by a Director.
  • 1.2 We reserve the right for reasons of continuous improvement, to make changes to the items shown in our current catalogue and on our websites.
  • 1.3 In order for us to update and improve our range, we reserve the right to remove selected styles from time to time.
  • 1.4 We do our best to limit variations in colour, but owing to technical constraints there may be appreciable differences in colour between our products and the images in our catalogue and on our website. There may also be appreciable variations in colour between different batches of the same products. All colours shown are for indication purposes only and should be used in conjunction with fabric swatches, which are available on request.

2. Delivery and Carriage

  • 2.1 Delivery is made at your premises.
  • 2.2 At our option we may deliver the goods in reasonable instalments. Each instalment will be treated as a separate contract.
  • 2.3 The customer shall pay our delivery charges in addition to the quoted item price.
  • 2.4 The customer shall notify us in writing of any claim for non-delivery, late delivery or damage to the goods in transit within 7 days of the date on the supporting invoice. Our liability in respect of any such claim is limited at our option to replacement of the goods or refund of the price, and does not extend to any indirect or consequential loss.
  • 2.5 Gymphlex Ltd will not be liable for any consequential loss caused by failure of the carrier to deliver.

3. Prices and Payment

  • 3.1 All prices quoted exclude carriage and VAT unless otherwise stated.
  • 3.2 The customer shall pay reasonable extra charges in respect of:
  • a) any special arrangements made at your request in order to expedite delivery;
  • b) costs, expenses and liabilities incurred by us where you give inadequate or inaccurate instructions.
  • 3.3 Orders made via the internet are charged at the time of ordering.
  • 3.4 We reserve the right to request payment at the time of ordering for non-account holders, new account holders and any other customer where this is deemed appropriate.
  • 3.5 For customers paying on account. The invoice is raised on the day of despatch and must be paid within 30 days of invoice date, subject to status.
  • 3.6 We reserve the right to charge interest on overdue balances at a rate of 10% above base rate until all overdue debts are paid in full.
  • 3.7 Failure to pay in full by the due date may result in suspension of current and/or future deliveries, withdrawal of discount and future orders being accepted on pro-forma basis only.
  • 3.8 Before and after any judgment (unless the court orders otherwise) if you have not paid Gymphlex Ltd all amounts due on an invoice and 45 days have passed since the due date for payment then Gymphlex Ltd has the right to charge the customer an administration fee. You are to indemnify Gymphlex Ltd in full and hold Gymphlex Ltd harmless from all expenses and liabilities Gymphlex Ltd may incur (directly or indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms. You are not entitled to set off any debt of claim against other amounts owing to us.

4. Risk and Ownership

  • 4.1 The risk in the goods passes to you when the goods are delivered to your chosen address.
  • 4.2 We retain absolute legal ownership of the goods until the price of them, and of any other goods delivered to you subsequently, but prior to the date of payment, has been paid in full. If:
  • a) you do not pay any invoice of ours within 7 days after it has become due or
  • b) the members of your company pass or call a meeting to pass a resolution for winding up, or if a petition for winding up, administration or bankruptcy is presented against you , or
  • c) you become subject to a winding up, administration or bankruptcy order, or to any distress or execution on or receivership over any of your assets then you shall cease at once to use any of our goods not the paid for and shall on demand return to us any of them remaining in your possession. On making such a demand we are entitled without incurring any liability to you to enter your premises, remove, and re-sell such of our goods as are found to be there.
  • 4.3 Nothing in term 4.2 gives you the right to return goods without our consent other than in accordance with our returns policy referred to in clause 7.

5. Force Majeure

  • 5.1 Where we are unable to perform due to any circumstances beyond our control we may suspend performance while those circumstances subsist, and subject to clause 6 any agreed date or period for delivery shall be regarded as extended accordingly.

6. Suspension and Cancellation

  • 6.1 If any period of suspension of deliveries under term 5.1 lasts more than three months, either of us may cancel the contract by written notice without penalty.

7. Returns Policy

  • 7.1 Any ‘stock’ item can be exchanged or refunded up to 30 days after delivery, so long as they are unused and fit to be returned to stock.
  • 7.2 Made to order garments or stock garments modified in anyway, including embroidery, monogramming and printing, cannot be exchanged unless faulty or supplied not in accordance with your order.
  • 7.3 Returned garments remain the customer’s responsibility until they are received at our premises. We strongly recommend the use of a recorded postal service.
  • 7.4 Customers must book in their return prior to sending via the Gymphlex Ltd Customer Service Team on 0116 2556326.
  • 7.5 Where faulty goods are returned to us for replacement, we reserve the right to credit or refund their price instead of replacing them.
  • 7.6 Subject to term 7.7 customers have the additional right to cancel any order without charge at any time up to the eighth working day after they have received the goods. This right may be exercised by informing Gymphlex Ltd in writing within that period that the customer does not wish to proceed with the order, and return any goods delivered. Payment will be deducted for any delivery charge incurred.
  • 7.7 Term 7.6 does not apply to any goods that have been made to order or personalised in any way.
  • 7.8 We reserve the right to offer a Credit against returned goods where this is deemed appropriate.

8. Training Policy

  • 8.1 Telephone conversations may be recorded as an aid to training in the interest of enhancing the performance of customer service staff.

9. Limitations on Liability

  • 9.1 We will refund or credit the price of faulty goods, or replace them (at our option) but we will not be liable to you for any loss or damage, direct or indirect, consequential or otherwise, whether or not we have been negligent, but subject to term.
  • 9.2 Nothing in these Terms affects our liability for death or personal injury resulting from our own negligence.

10. Set Off

  • 10.1 You are not entitled to set off any debt or claim against payment of the contract price or other amounts owing to us.

11. English Law

  • 11.1 This contract is governed by and is to be construed and interpreted exclusively in accordance with English Law and both parties submit to the non-exclusive jurisdiction of the English Courts.
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