Terms & Conditions
TERMS & CONDITIONS
ORDERING FROM US
The displaying of products and/or prices on this site constitutes an invitation to treat only. No contract shall come into existence until we accept your order. We reserve the right to accept or reject any order in our absolute discretion. Any acceptance will be subject to these Terms and Conditions, to the entire exclusion of any others you may seek to impose. We reserve the right to change and/or withdraw any product displayed on this site without notice at any time before your order is accepted.
When you place an order on our website you will receive by email an acknowledgement. Our acceptance of an order does not take place until dispatch of the order at which point the purchase contract will be made and you will be charged. We will then send you by e mail a confirmation of dispatch.
Once you have checked out of our site and your order has been confirmed, you will not be able to make any changes to your order. If the order is accepted we will inform you by email and we will confirm the identity of the party with whom you have been contracted. When placing an order you undertake that all the details you provide 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 costs of the goods. The costs of products and services may fluctuate. All prices advertised are subject to such changes.
PRODUCT INFORMATION AND COLOURS
Products displayed on this site are available only whilst stocks last. Every effort has been made to reflect product colours as accurately as possible. However, due to differences in monitors, we are unable to guarantee that the colour you will see on your monitor will accurately reflect the true colour of the product.
Product measurements and capacities quoted on this site are approximate. Due to continuous product development, products supplied may differ slightly from those illustrated. Products shown on this site are fit for the purpose for which they are intended. Ultimate Performance will not be held responsible for using products for purposes other than those suggested on the product.
The prices displayed on this site are quoted in British pounds, and are only valid and effective in the United Kingdom. Payments may only be made in British pounds. Prices are inclusive of V.A.T. but exclude postage and packing, which will be charged at rates specified within the site.
YOUR RIGHT OF CANCELLATION (DISTANCE SELLING REGULATION)
Provided you are an individual consumer, resident in the European Union who orders goods for a purpose that can neither be attributed to your commercial activity nor to any independent professional activity, you have the right to cancel the contract at any time up to 14 days after you receive the goods.
Please note that this policy has some limitations. These limitations include:
(a) certain product types e.g. perishable goods, custom made products, computer software which has been unsealed or installed by you, audio or video recordings which have been unsealed; or
(b) where we have agreed to provide a service to you immediately
The cancellation period shall begin when the goods have been delivered to you.
To exercise your right of cancellation, you must give notice to us via our Contact Us page, giving details of the goods ordered, your name and (where appropriate) their delivery. Please note that your cancellation does not have to contain any reasons.
If you cancel an order within the Cancellation Period and have not already received the product, we will refund or re-credit you within 14 days for any sum that has been paid by you or debited from your payment method for the goods. We may refund you on the credit card or debit card used by you to pay.
If you cancel an order within the Cancellation Period but have already received the product, you must return the product as soon as possible to Ultimate Performance and, in any event, within 14 days of Delivery. The return address is Ultimate Performance, RETURNS DEPT., Unit N Penfold Trading Estate, Imperial Way, Watford, WD24 4YY. You are responsible for the cost of returning the product using a suitable tracked and insured shipment method. If we do not receive the product back from you, we may arrange for collection of the product from your delivery address at your cost. Ultimate Performance will refund or re-credit you within 14 days (of Ultimate Performance receiving the returned/cancelled order) for any sum that has been paid by you or debited from your payment method for the goods.
You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
If you wish to cancel your order you must notify us by email to firstname.lastname@example.org before we have dispatched the goods to you, or where goods have already been dispatched to you, by returning goods to us in accordance with our returns policy.
The goods are at your risk from the time of delivery. Ownership of the goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to it in respect of the goods.
This website is an official website of 1000 Mile Sportswear Limited. This website and all intellectual property rights (including but not limited to rights in the website as a database) in its design, text, graphics, and the selection and arrangement thereof, together with the 1000 Mile and Ultimate Performance trade mark in this website belong to us.
LIMITED LICENSE RESTRICTIONS
You are granted a limited license to download the materials contained on this website to a single personal computer, and to print out a hard copy of such materials, solely for personal, non-commercial use, and provided all copy right, trade mark and other proprietary notices are left intact. Any other use of any of the materials on this website, including commercial reproduction, modification, distribution, transmission or republication, without our prior written permission is strictly prohibited and is a violation of our intellectual property rights.
This website and its contents are provided "as is" and without representation, term, condition or warranty of any kind, either express or implied (and whether implied by law, custom or otherwise) in respect of the website and/or its contents Ultimate Performance disclaims all representations, terms, conditions and warranties including, but not limited to, as to satisfactory quality, merchantability, fitness for a particular purpose, title and non-infringement of intellectual property rights to the fullest extent by applicable law. In addition, 1000 Mile Sportswear Limited excludes any representation or warranty that the information and/or facilities accessible via this website are accurate, complete or current, or that this website will be free of defects including, but not limited to, viruses or other harmful elements. The user of this website assumes all costs and risks arising as a result of its use of this website.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, neither Ultimate Performance, nor any affiliates or other representatives will be liable for any loss or damage arising out of or in connection with the use of, or inability to use, the materials in/and/or facilities or services offered throughout this website including, but not limited to, indirect or consequential loss or damage, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if 1000 Mile Sportswear Limited has been advised of the possibility of such loss or damages and/or such loss or damage were reasonably foreseeable.
This website is controlled and operated by Ultimate Performance. We exclude all representations and warranty those materials in and/or products or services offered through this website are available for use in other locations, or that they comply with any legal or regulatory requirements of such other locations. Those who choose to access this website do so at their own risk and on their own initiative and are responsible for compliance with applicable local laws. These terms shall be governed by and construed in accordance with English law. Any dispute under these terms shall be subject to the exclusive jurisdiction of the English courts and, by using this website, you hereby submit to the exclusive jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
DATA PROTECTION AND PRIVACY
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act 1998. In addition to allowing us to check your creditworthiness and process your orders, the personal data you submit, and our records of your visits to the site, will be used to monitor and improve our service to you, and for marketing purposes. We may send you, brochures, leaflets and catalogues displaying our products and services, and may telephone you in order to tell you of promotional offers, to discuss account details or for market research.
We do not make our mailing list available for marketing purposes to anyone outside Ultimate Performance and will not disclose your personal data to anyone, unless required to do so by a court of competent jurisdiction. If you wish to update or delete your personal information, or if you prefer that we do not email you to tell you of promotional offers, please e-mail us.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforce-ability of any remaining provisions. We reserve the right to amend these terms and conditions at any time without notice. If you have any comments, please contact us. You acknowledge that we are under no obligation to pay for or respond to any such comments, or to keep them confidential. You warrant that any comments you may submit will not infringe the personal or proprietary rights of any third party, nor be defamatory, obscene, abusive or otherwise unlawful, and you will indemnify us against all actions, costs, claims, demands, losses or liabilities of whatsoever nature which we may suffer by reason of any breach of such warranty.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. All data is protected using the most advanced methods available. We do not store financial information like credit card numbers or personal information on this site.