The following terms and conditions apply to all use of the Exosuit website including placing an order for goods.  By using our website or placing an order with us you agree that you have read, understood, and accepted these terms and conditions. These terms and conditions are subject to change at any time without notice, and as such it is your responsibility to check them thoroughly prior to purchase. If you do not accept these terms and conditions, you must refrain from using the website immediately and must not place any order for goods.

1. TERMINOLOGY

  • All references to “Exosuit”, “we”, “us”, and “our” shall be deemed to be references to Exosuit Limited.

  • References to “website” are a reference to the Exosuit website found at www.exosuit.co.uk

  • The terms “you”, “your”, and “user” are a reference to persons using or placing an order via this website.

  • References to “goods” or “products” means goods supplied by Exosuit its servants or agents to you pursuant to these Terms and Conditions.

  • “Terms and conditions” shall mean these terms and conditions for the use of this website and sale of goods.

2. GENERAL CONDITIONS

  • We reserve the right to refuse service or website access to anyone for any reason at any time.

  • The headings used in this agreement are included for convenience only and will not limit or otherwise affect the application of these terms.

  • Any breach or violation of any of the terms will result in an immediate termination of your service.

3. PRIVACY

  • Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

  • These Terms and Conditions should be read alongside, and are in addition to, our policies, including our Privacy Policy and Cookies Policy.

  • For the purpose of these Terms and Conditions:

  • “Data Protection Laws” means any applicable law relating to the processing of Personal Data, including, but not limited to, the General Data Protection Regulation (EU) 2016/679 (“GDPR”);

  • “Data Controller”, “Personal Data” and “Processing” shall have the same meaning as in the GDPR.

  • We are a data controller of the personal data we process in providing goods to you.

  • Where you supply personal data to us so we can provide goods to you, and we process that personal data in the course of providing goods to you, we will comply with out obligations imposed by the Data Protection laws:

    • Before or at the time of collecting personal data, we will identify the purpose for which information is being collected;

    • We will only process personal data for the purposes identified;

    • We will respect your rights in relation to your personal data; and

    • We will implement technical and organisational measures to ensure your personal data is secure.

4. ORDERS FOR GOODS

  • By placing an order via our website, you are making an offer to Exosuit to purchase the goods detailed in your order, at the price (including delivery costs and other charges) specified on the website at the time of order.

  • You are not entering into a contract with Exosuit until a confirmation of receipt of your order and payment are sent to you.

  • By purchasing goods through our website, you agree that all goods ordered are for your own private and domestic use and are not for resale.

  • We reserve the right to accept or reject your order for any reason, including without limitation, the unavailability of any goods, an error in pricing, or an error in your order.

  • If any product from your order is unavailable, or we choose not to fulfill your order for any reason, we will contact you by email to confirm details of any delay or cancellation options.

  • Orders accepted by Exosuit may not be cancelled or altered by you without prior written consent from us.

  • If the we determine that we may be unable to deliver within a reasonable time, or at all, the contract may be cancelled by Exosuit. In this event you shall have no claim against us for any damage, loss, cost or expense.

5. PAYMENT

  • By placing an order, you warrant that the payment method you are using is your own, that the funds used to pay are not the proceeds of crime and that there are sufficient funds in your account to cover payment of the goods ordered.

  • You agree to provide accurate, current, and complete purchase and account information for all purchases made on our website.

  • No charge will be applied to credit/debit cards or PayPal accounts until the point at which your order is accepted.

6. KLARNA

  • 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 in 3’.

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

7. PRICES

  • Prices of goods, delivery, and other charges on this website are current at the time of issue but are subject to availability and may be changed at any time.

  • Prices displayed on this website are inclusive of tax applied at 20% VAT, excepting youth products which are exempt.

  • You are responsible for any other taxes, duties, or liabilities imposed by any government or agency, including without limitation any customs duty, goods and services taxes on goods ordered by you.

  • Exosuit will act immediately to correct any error identified but are under no legal obligation to honour a price displayed in error.

8. PROMOTIONAL OFFERS

  • Promotional offers, vouchers, and codes may not be used on sale products or in conjunction with any other offer, unless otherwise stated.

  • All offers are subject to availability and may be withdrawn at any time without notice.

9. DELIVERY

  • Orders are delivered by the method selected by you during the checkout process.

  • All delivery timeframes are estimates, and we are not responsible or liable for any loss or damage arising as a result or consequence of any delay or failure to deliver.

  • You shall not be relieved of any obligation to accept or pay for any goods as a result of any delay.

  • If due to any act or omission by you, we are unable to deliver any goods to you at the time they are due to be delivered, you agree to reimburse us for all reasonable costs relating to storing, securing, and insuring the goods until they are delivered to you or re-delivered to us.

  • Risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods will pass to you upon delivery of the goods to the address specified by you for such purposes.

  • For international deliveries (outside of the UK mainland), local import duties and charges may apply, for which you are responsible.

  • Please see our shipping policy for more details.

10. FAULTY GOODS (GUARANTEE CLAIMS)

  • Under no circumstances will you send the goods back to us without notice. Exosuit and its distributors accept no responsibility or liability under these Terms and Conditions for goods that are sent back by you that are lost or stolen before arriving.

  • We will not be responsible for damage caused to goods by misuse or poor care.

  • If you discover within 1 year of the purchase date that your goods are faulty, you may make a guarantee claim.

  • In the event of a guarantee claim, we will ask you to provide a brief description of the fault with the goods and proof of date of purchase before returning the goods to us.

  • You should contact us to arrange a Return Authorisation Number (“RAN”) before sending the goods to us. We will ask you to provide sufficient contact details to enable a shipment of a replacement product to you. Once a RAN has been issued, you must then return the goods to us within 14 days. A replacement product will only be shipped by us to you upon our receipt of the goods covered by the RAN.

  • If we accept that the goods are faulty, we will do one of two things:

    • If the goods are returned unworn in original packaging and in a resalable condition, we will replace the goods or refund you the purchase price of them at our sole discretion.

    • If the goods have been worn, we will replace the goods.

    • If you are returning goods from an International location, please ensure that you clearly mark on the customs declaration that the goods contained in the package are “Returns” to us to prevent the package incurring customs charges. If the goods are not marked as “Returns” and we incur a customs charge, we may refuse to accept delivery of the goods unless the cost is met by you.

  • For full details please refer to our returns policy.

11. RETURNS

  • Under no circumstances will you send the goods back to us without notice. Exosuit and its distributors accept no responsibility or liability under these Terms and Conditions for goods that are sent back by you that are lost or stolen before arriving.

  • If you receive Exosuit products other than those you intended to purchase, or you change your mind about your purchase, you have 14 days after delivery of the goods to you to contact us to arrange a Return Authorisation Number (“RAN”). We will ask you to provide proof of purchase and sufficient contact details to enable a shipment of a replacement product to you. Once a RAN has been issued, you must then return the goods to us unworn in original packaging and in a resalable condition within 14 days. A replacement product will only be shipped by us to you upon our receipt of the goods covered by the RAN.

  • If you’re not able to find the perfect fit or style for your active life, you can send your Exosuit garment back within 100 days of receipt for a full refund.  Please visit our returns page for full details.

  • If you are returning goods from an international location (outside of the UK mainland) please clearly mark on the customs declaration that the goods are “returns” to prevent incurring customs charges.  If goods are not marked as “returns” and we incur a customs charge, we may refuse to accept delivery of the goods unless the costs are met by you.

  • For full details please refer to our returns policy.

12. PRODUCTS AND SERVICES

  • Every care is taken to ensure that the description, specification, pricing, and sizing of all products shown on our website is correct.  Product information is not binding, but is carefully considered and intended to give a general description of each product.

  • We have made every effort to accurately display the colours and images of our products.  We cannot accept any responsibility for any variation in colour caused by computer monitors or software.

  • Exosuit owns or is the licensee of all copyright, trademark, patent, design rights, or confidential information related to any of our goods.  You must not copy or arrange for a third-party to copy them.

  • You must:

    • only use any goods for the purposes for which they were designed to be used;

    • not reverse engineer any goods; and

    • not design or manufacture products that compete with any goods.

  • We reserve the right to discontinue any product at any time.

  • All responsibility for theft, damage, or insurance of goods will pass to you upon delivery.

  • Exosuit assumes no liability or responsibility for improper use of our products or services.

13. ACCURACY AND COMPLETENESS OF INFORMATION

  • We are not responsible if information provided on our website is not accurate, complete, or current.  The content on this website is intended for information only, and should not be relied upon as the sole source of information to guide decision making.

  • We maintain the right to modify the information on this site at any time, but we have no right to update historical information at any time.

14. LINKED WEBSITES AND THIRD-PARTY TOOLS

  • We are not responsible for the content or privacy practices of any third-party websites or tools linked via this website, or your use of them.

  • Your use of any third-party tools through our website is entirely at your own risk and discretion.

  • Any links provided on our website do not constitute an endorsement or recommendation for the operators of the third-party website or their information, services, or goods.

15. USER REVIEWS AND FEEDBACK

  • We maintain the right to use, share, or distribute any part of the comments or reviews posted by you or sent to us for our own commercial or advertising purposes without prior consent or compensation.

  • We reserve the right to remove or edit any content that in our sole opinion is unlawful, offensive, libellous, defamatory, or otherwise objectionable.

  • You agree that you are responsible for your comments and reviews, and that they will not violate any rights of any third-party, or contain libellous or otherwise unlawful, or defamatory material.

  • You may not use false contact details, pretend to be someone else, or otherwise mislead us as to the origin of any comments.

16. PROHIBITED USES

  • You may not use our products for any illegal or unauthorized purpose or violate any laws in your jurisdiction while using our service or products.

  • You agree not to copy, sell, or resell any portion of our service, or use, access, or contacts on the website without our express written permission.

  • You are prohibited from using this website or its content to:

    • perform or participate in any unlawful acts.

    • violate any international or regional regulations, laws, or rules.

    • infringe our or any third-party’s intellectual property.

    • harass, intimidate, or abuse any person.

    • submit false or misleading information.

    • upload or transmit viruses or any other type of malicious code.

    • collect or track the personal information of other.

    • interfere with or circumvent the security features of this or any other website.

  • We reserve the right to terminate your use of our service or any related website for violating any of the prohibited uses.

17. EXCLUSIONS

  • We do not exclude liability for: (i) and fraudulent act or omission; or (ii) for death or personal injury caused by our negligence or breach of our other legal obligations. Subject to this, we are not liable for any special or general damages whatsoever to you (e.g. loss of profit or damage to reputation) whether relating to your business, trade, craft or profession, resulting from:

    • errors, mistakes or inaccuracies or material or information on the website;

    • your access to, and use of, the website;

    • any unauthorised access to or use of our secure servers and/or any and all personal information and or financial information stored therein;

    • any interruption or cessation of transmission to or from the website;

    • any bugs, viruses, or similar, which may be transmitted to you through your use of the website;

    • errors or omissions in any material or information or for any loss or damage of any kind incurred as a result of your use of any material or information posted, emailed, transmitted or otherwise made available on the website;

    • errors or omissions in any content or for any loss or damage or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available on the website.

  • We believe that you are not buying the goods wholly or mainly for your business, trade, craft or profession unless we have expressly acknowledged the contrary to you in writing.

  • To the fullest extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded.

  • You agree that your use of the website shall be entirely at your own risk.

  • We make no warranties or representations about the accuracy or completeness of the content or opinions expressed on the website or the content of any linked website. You agree that you are not relying on any express or implied representation or warranty by Exosuit, save for those necessarily implied in these Terms by UK legislation, when purchasing goods from us.

  • We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third-party through the website or featured in any banner or other advertising, and we are not a party to, or in any way be responsible for, any transaction between you and any third-party providers of products or services.

18. INDEMNITY

  • To the fullest extent permitted by law, you agree to indemnify us, our officers, directors, employees, contractors, agents or related bodies corporate for any liabilities, claims, demands, losses, costs and expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages (including reputational damage), whatsoever arising out of:

    • your use of and access to the website; and

    • any breach of your obligations under these terms and conditions.

19. WAIVER

  • Failure by Exosuit to insist upon strict performance of any term, warranty or condition of the contract shall not be deemed as a waiver thereof or of any rights Exosuit or any officer, director, employee, contractors, agent or related bodies corporate may have and no expressed waiver shall be deemed a waiver of any subsequent breach of any term, warranty or condition.

20. PURCHASER’S ACKNOWLEDGMENTS

  • You acknowledge that you are acquiring the goods for private use and not for the purpose of re-supply in trade or commerce and warrant that you can make legally binding contracts.

  • You acknowledge that neither Exosuit nor its agents or representatives has made any representation or given any promise or undertaking which is not expressly set out in writing whether as to the fitness of the goods for any particular purpose or any other matter. In particular, you acknowledge that you do not rely on the skill and judgment of Exosuit in supplying goods which are fit for a particular purpose.

  • Any description of the goods contained on this website is approximate only and is given by way of identification only and the use of such description shall not constitute a term of the contract of sale.

  • By purchasing goods from the website, you warrant that you are legally entitled to enter into a binding contract with Exosuit.

  • Except for any warranty or representation made expressly in writing by us, you hereby acknowledge that you have not relied on any advice given, or representation made by us, or on our behalf in connection with the goods.

  • We shall not be liable for any failure of telecommunications services or systems which affect our receipt of information from you.

  • You must take your own precautions to ensure that the process which you employ for accessing the website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the website or any linked website.

  • We do not accept liability for any loss or damage arising directly or indirectly as a result of a failure to provide the website, corruption to or loss of data, errors or interruptions or any suspension or discontinuance of the service.

  • Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the website updated. We do not accept liability for loss or damage resulting from any action taken or reliance made by you on any material or information obtained through the website.

  • If you download any material from the website, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material.

  • You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material.

  • Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

  • No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk

  • You agree not to use, launch or install, or use or launch any program whatsoever which masks the identity of the user or which may in turn use, launch or install any malicious software, malware, deceptive adware or the like which may amongst other things delete data on the computers of users, steal personal information such as passwords, credit card numbers, alter search results, track the moves of users and/or feed such information back to third parties.

  • You agree not to use or launch any automated system, including without limitation, “robots”, “spiders” and “offline readers” that accesses the website in a manner that sends more request messages to the website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web-browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communications systems provided by the website for any solicitation purposes. You agree not to solicit, for commercial purposes any users with respect to their submissions.

21. SUBCONTRACTING

  • Exosuit reserves the right to assign its rights and obligations under these Terms or subcontract the production, manufacture or supply of the whole or any part of the goods to be supplied. You may not assign your rights and obligations under these Terms without Exosuit’s prior written consent.

22. NOTICES

  • Any notice to be given by you to Exosuit shall be sent to Exosuit’s address that appears on this website, or as otherwise notified to you in writing by Exosuit. You agree that notice shall not be deemed to be given by you until it is actually received at such address.

23. SEVERANCE

  • Any provision of these terms, which is invalid or unenforceable in any jurisdiction, is to be read down, if possible, so as to be valid and enforceable. The read down provision will apply only in the relevant jurisdiction. If the provision cannot be read down, and it can be severed to the extent of the invalidity or unenforceability, then it will be severed. The remaining provisions of these terms, and the validity or enforceability of that provision in any other jurisdiction, will not be affected

24. DISPUTE RESOLUTION

  • The parties agree that any complaint shall be dealt with as follows:

    • The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between representatives of the parties, who have authority to settle the same.

    • If the matter is not resolved by negotiation within 30 days of receipt of a written “invitation to negotiate”, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended to the parties by the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators.

    • If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. The seat of the arbitration shall be England and Wales. The arbitration shall be governed by both the Arbitration Act 1996 and Rules as agreed between the parties. Should the parties be unable to agree on an arbitrator or arbitrators, or be unable to agree on the Rules for Arbitration, any party may, upon giving written notice to other parties, apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators for the appointment of an Arbitrator or Arbitrators and for any decision on rules that may be necessary.

  • Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.

25. GOVERNING LAW

  • These Terms and Conditions and any contract for sale of goods to you are governed by the law of England and Wales.

TO RETURN TO THE WEBSITE

  • To return to the website, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above terms and conditions.

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