Terms & Conditions

Terms and conditions – Online Retailing/ Mail Order

By using our website, placing an order for garments electronically or by telephone you confirm your agreement to our terms and conditions.

Conditions

1. An order for garments placed by you, the buyer through our website or over the telephone shall be subject to these terms and conditions
2. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law
3. Nothing in these terms and conditions shall affect the statutory rights of any consumer
Orders
4. All orders for garments shall be deemed to be an offer by you, the buyer, to purchase garments pursuant to these terms and conditions
5. You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form/over the telephone and we will not be obliged to accept an order unless all details requested have been entered correctly
6. No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of the your order by e-mail (where applicable) or by telephone
7. We are entitled to refuse any order placed by you and will not be required to provide an explanation

Garments

8. The garments may differ slightly from the images shown on the website
9. We reserve the right to substitute garments of a similar description and standard if the requested garments are not available but will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted garment you, the buyer, shall be entitled to return the garment within 7 working days from the date of delivery, should the substituted garment not be acceptable to you. Provided the conditions of clause 22 (below) are satisfied you will then receive a full refund for the returned substituted garment within 30 days.

Price and Payment

10. The price of the garments will be the price quoted on the website at the date the order is received [and will include VAT and delivery in the United Kingdom unless specified otherwise]
11. We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the garments to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture)
12. In the unlikely event of there being such an increase in the price of the garments you, the buyer, shall be entitled to cancel the order at any time before delivery

Payment

13. When we provide any garments to you, the buyer, under these terms and conditions, payment will be charged to the credit card account provided by you on the website order form/over the telephone
14. By placing an order, you, the buyer, consent to payment being charged to your credit card account as provided
15. Title to the garments will pass to you, the buyer, on payment in full of the price of the garments
16. we will issue you with an electronic receipt to your email address once the transaction is completed  {and will send you a further e.mail once the garments have been dispatched}

Delivery

17. The garments will be delivered to you, the buyer, at the address provided by you on the order form/over the telephone
18. The risk in the garments shall pass to you upon such delivery taking place
19. Any dates quoted for delivery of the garments are approximate only and we shall not be liable for any delay in delivery of the garments however caused. If however we are unable to deliver your garments by the date quoted for delivery you, the buyer shall be entitled to cancel the order at any time before delivery takes place
20. We are able to deliver to most global locations but if you do not live within the United Kingdom, Europe and the USA please contact us for a separate shipping quote.
21. We shall not be liable to you, the buyer, for incomplete delivery of the garments however caused but will provide you with the outstanding garments as soon as is reasonably practical. If however we have not delivered the outstanding garments within 7 days from the first date of delivery you, the buyer, shall be entitled to cancel the order for the outstanding garments

Return of garments

22. If you wish to cancel or return your order for any reason you can do so up to 7 working days after receipt of the garments. This is often referred to as your “cooling off period” and the 7 days commence the day after you receive the garments. You must notify us within the “cooling off period” and this must be in writing – letter, email or fax. A full refund will be made within 30 days of your cancellation following inspection of the returned garment. It is the customer’s responsibility to return the item in perfect condition. The following terms apply:

All goods must be returned in their original condition and packaging (please take care when unpacking & repacking)

Please ensure that garments are tried on over your own clothing

For hygiene reasons we will not accept returns on garments that have been worn or are returned in a soiled condition or which have hygiene seals removed

Do not return any garments without contacting us in advance and obtaining a Returns Authorization Number

Please enclose a covering letter explaining the reason for the return in full and quoting the Returns Authorization Number

We cannot be held responsible for garments lost in transit

We recommend that you send by registered post & retain proof of posting

Customers who have paid by credit card will have their accounts credited

We will not make refunds to a third party

Any damage or missing items will be charged for. Our carriage charge is not refundable

Your Warranty

23. You, the buyer, warrant that all details provided on the order form/over the telephone for the purpose of purchasing the garments are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the garments

Limitation Of Liability

24. We will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
24.1.1    Act of God, explosion, flood, tempest, fire or accident;
24.1.2    War or threat of war, sabotage, civil disturbance or requisition;
24.1.3    Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
24.1.4    Import or export regulations or embargoes;
24.1.5    Strikes, lock outs or other industrial actions or trade disputes;
24.1.6    Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
24.1.7    Power failure or breakdown in machinery
If we are prevented from carrying out is obligations in the above circumstances, it will notify you in writing. If we are still prevented from carrying out its obligations 3 weeks from the dated such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform
25. Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the garments
26. Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of garments other than as a result of a breach of an obligation arising under the Sale of Garments Act 1979 (as amended) and the Supply of Garments and Services Act 1973.

Website

29. We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these
30. All drawings, photographs, descriptive matter and specifications of the garments on the website are for the sole purpose of giving an approximate description of the garments
31. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability

Intellectual property right and right to use

32.You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
33. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. 34. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

General

35. We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website
36. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected
37. English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts
38. The headings in this Agreement are for convenience only and will not affect their interpretation

Queries and Complaints

39. [We aim to respond to e-mail, faxed and written queries within 36hrs. Our Customer Services can answer your telephone queries Monday to Friday between 11.00am and 4.00pm]
40. In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done

Terms and Conditions for the use of Pistol Panties Website

Terms of Use

1. By accessing this website www.pistolpanties.com you agree to these terms and conditions. If you do not agree to them, you may not use the website and should leave it immediately.

Exclusions and limitations

2. Pistol Panties is providing this site on an ‘as is’ basis and makes no representations or warranties of any kind with respect to the site or its contents, including the accuracy, completeness or suitability for any purpose of the information and related graphics published on the site. Whilst all reasonable care is taken in compiling our site, the accuracy of the information contained in the site cannot be guaranteed. However, all liability of Pistol Panties (which, where applicable, includes its officers, employees and authorised agents) howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, and claims of third parties.

For the avoidance of doubt, and for the purposes of the Misrepresentation Act 1967, the descriptions within the site do not constitute representation.

We will make all reasonable efforts to make our site available to you at all times, but we do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.

Accessing the website is entirely at your own risk. Notwithstanding the above, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded.

Links to other sites

3. Certain links, including hypertext links, in our site may take you outside it. Links are provided for your convenience and the inclusion of any link does not imply approval by us of the linked site. We are not responsible for the content of any external website.

Intellectual Property rights

4. All intellectual property rights in the design, text, graphics and other materials on our site and the selection or arrangement thereof together with the accessories and garments displayed on our site are owned by or licensed to Pistol Panties. Any use of materials on our site (including reproduction modification, distribution, or republication) without our prior written permission is strictly prohibited.

You agree to indemnify Pistol Panties immediately on demand against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of the above intellectual property rights or any of these terms and conditions by you.

Severability

5. If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Variations

6. We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by them.

Applicable law and jurisdiction

7. These terms and conditions shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes relating to them.