Terms and Conditions

Welcome to the Pulse MX website terms and conditions.

These Terms & Conditions apply to the use of this website at www.pulsemx.co.uk.

By accessing this website and/or placing an order, you are agreeing to our Terms & Conditions.

The www.pulsemx.co.uk website is operated by: Pulse MX & Ingear Fitness Limited.

Our company number is 08011757. Our VAT registration number is 137 9117 02

Our contact details are as follows:

  • Email:info@pulsemx.co.uk
  • Returns Address:45 Skippers Lane, Normanby, Cleveland. TS6 0HY

TERMS & CONDITIONS:

  1. Introduction

1.1 You will be able to access all areas of this Website without registering your details with us.

1.2 We may revise these Terms and Conditions at any time by updating this page. You should check this Website from time to time to review the current Terms and Conditions. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new Terms and Conditions after we have given notice, you should not continue to use this website.

  1. Ordering from us

2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

2.2 Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

2.3 We reserve the right to refuse or accept an order:

[a] where goods are not available;

[b] where we cannot obtain authorisation for your payment;

[c] if there has been a pricing or product description error; or

[d] if you are from an international country and have/will not checkout via PayPal.

[e] if you do not meet any eligibility criteria set out in our Terms and Conditions.

  1. Pre-ordering info

3.1 What is a pre-order? – It’s a way to reserve our hottest new products before their initial release.

3.2 When will my pre-order be shipped? – The pre-ordered item will be shipped on its release date. All other items will be processed for immediate shipment, depending on availability. So if you ordered other items along with the pre-ordered item, you will most likely get the other items first.

3.3 When will I be charged for my pre-order? – We will take your payment at the time you place your order – just as a regular transaction. You will then be notified when your order is dispatched.

3.4 What do you mean by “expected” release date? – We can’t always predict the exact date a pre-ordered item will become available. We will ship your pre-order as soon as possible, but we can’t guarantee a specific date. If the date changes or for unforeseen circumstances the product becomes unavailable, we will alert you by email.

3.5 Can I cancel a pre-order? – You can cancel a pre-order at any time prior to when your order is dispatched.

3.6 Pre-Order item prices are subject to change although we try our very best to forecast the most accurate prices of these items and wil contact you if the rare instance there is a change.

  1. Pricing

4.1 Our prices include VAT – Our VAT Number is 137 9117 02

4.2 We reserve the right to increase and/or decrease prices at any time without prior notification.

4.3 Our prices are reviewed monthly.

4.4 All orders placed on our site are in Pound Sterling (£GBP).

  1. Stock & Availability

5.1 At the time of placing your order with us our stock status may be subject to change due to the syncing of our various warehouse databases. We do try to ensure that we have the most up to date and accurate stock system possible but there may be slight differences in the system which is unavoidable (due to out of hour/bulk orders which may consume higher levels of stock etc.).

  1. Cancellation and Returns Policy

We at Pulse MX accept returns on the basis that the item/s are un-used, and in the original re-saleable condition. All packaging and/or cellophane wrapping and tamper resistant seals must be intact. Due to health and hygiene reasons we are unable to accept returned underwear garments. Return of goods is the responsibility of the customer, for this reason we suggest an insured method of return such as Recorded Delivery. Return postage costs cannot be covered by Pulse MX  unless we are notified of damaged or faulty goods upon receipt. You must inform us of your intent to return your item/s by phone or email within 14 days of receiving your order. If you inform us within this “cooling off” period you will receive a full refund. If you inform us after this period the refund will be subject to a 20% handling fee which will be deducted off of the refund total.

Please note: Returns are not accepted on special order products. When returning an item/s, please enclose a covering letter detailing your name, contact phone number, invoice number and reason for return.

  1. Licence

7.1 You are permitted to print and download extracts from this Website for your own use on the following basis:

[a] no documents or related graphics on this Website are modified in any way;

[b] no graphics on this Website are used separately from accompanying text; and

[c] any of our copyright and trade mark notices and this permission notice appear in all copies.

7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these Terms and Conditions, any use of extracts from this Website other than in accordance with clause 7.1 above for any purpose is prohibited. If you breach any of the terms in these Terms and Conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

7.3 Subject to clause 7.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission to do so.

7.4 Any rights not expressly granted in these terms are reserved.

  1. Service access

8.1 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.

8.2 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.

  1. Visitor Material and Conduct

9.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

9.2 You are prohibited from posting or transmitting to or from this Website any material:

[a] that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

[b] for which you have not obtained all necessary licences and/or approvals;

[c] which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

[d] which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

9.3 You may not misuse the Website (including, without limitation, by hacking).

9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.2 or 9.3.

  1. Links to and from other websites

10.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

10.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

[a] you do not remove, distort or otherwise alter the size or appearance of the Pulse MX logo;

[b] you do not create a frame or any other browser or border environment around this Website;

[c] you do not in any way imply that we are endorsing any products or services other than our own;

[d] you do not misrepresent your relationship with us nor present any other false information about us;

[e] you do not otherwise use any Pulse MX trade mark displayed on this Website without our express written permission;

[f] you do not link from a website that is not owned by you; and

[g] our website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 10.2 for breach of these terms and to take any action we deem appropriate.

10.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 10.2.

  1. Disclaimer

11.1 Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice.

  1. Liability

12.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

12.2 Nothing in these Terms and Conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law..

12.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

12.5 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms and Conditions by you, or your use of this Website, or the use by any other person using your registration details.

  1. Governing Law and Jurisdiction

13.1 These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.

13.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

  1. Miscellaneous

14.1 You may not assign, sub-licence or otherwise transfer any of your rights under these Terms and Conditions.

14.2 If any provision of these Terms and Conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

14.3 Only the parties to these Terms and Conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

 

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