Terms and Conditions
The following terms and conditions (henceforth: the Terms and Conditions) create a legally binding agreement between you and Untold Underwear LTD (Reg. No.12476694) (henceforth: Underdays; may be referred to as "us" and "we") and apply to all use of and orders placed on Underdays website, and orders made by telephone or e-mail with Underdays’s Customer Service team (henceforth together: the "Website"). Please note that Underdays does not guarantee that all products presented on the Website are in stock or are available for purchase. Underdays reserves its right to stop selling a product. Underdays reserves the right to revise the Terms and Conditions at any time. The date of the latest update is found in the final section of the Terms and Conditions. Users are responsible for keeping themselves updated with such changes. Please note that the terms and conditions valid for your order is always the terms and conditions that is in effect as of the time that you place your order and not a later version. You should keep a copy of these Terms and Conditions for future reference.
NO PURCHASE FOR RESALE
The Website is intended solely for Underdays to sell Underdays products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of Underdays product by someone who resells, or intends to resell, the Underdays product to others (consumers, businesses or any third party). If Underdays believes you are involved in purchase for resale, Underdays reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
After submitting your order, we will send you an order confirmation e-mail with your order number, details of the product you have ordered from us, your payment details and delivery details. Please note that the confirmation e-mail is an acknowledgement that we have received your order and is not an acceptance of the order.
ACCEPTANCE OF ORDER
Please note that all orders placed by you are subject to acceptance by us. We may, at our discretion, choose not to accept your order for any reason whatsoever without any liability to you. Once the order has been processed, a shipping confirmation e-mail will be sent with all relevant information about your order. The shipping confirmation or pick-up notification is our acceptance of your order. Please note that Underdays does not guarantee that all products presented on the Website are in stock at the time of your order. If a product is unavailable, we will contact you shortly, by phone or by e-mail. If we already have received payment for such product, we will refund you the amount of the purchase. The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
Fulfilment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:
- the product is not available / in stock;
- your billing information is not correct or not verifiable;
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- you are a reseller;
- we could not deliver to the address provided by you;
- due to an Event Outside Our Control (see below).
Underdays cannot guarantee that the content of www.theunderdays.com is at all time free of inaccuracies or typographical errors, or up-to-date. Underdays is allowed to, at anytime, change the site’s content and items available in the product range. Errors may occur, even though Underdays always strives to display the correct texts, images and pricing on the site and web shop. In case of you being charged the wrong amount when shopping from www.theunderdays.com, we will give you the option of placing a new order with the correct price or by cancelling your order. If we cannot get in touch with you, we will cancel your order automatically. Underdays cannot be held responsible for any damage caused from using the site or from not being able to use the site. A problem-free, uninterrupted, and secure access to the site cannot be guaranteed by Underdays.
Payment can be made by the following credit cards: Visa, Mastercard and American Express. We do not accept any method of payment other than those listed on the Website. The purchases made with Visa and Mastercard are verified by a secure code. Please note that your card is debited with the purchase amount once Underdays has sent you the order confirmation email. We do our best to make the Website as secure as possible. All credit/debit card transactions on the Website are processed using Shopify, a secure online payment gateway that encrypts your card details in a secure host environment. Payment will be debited and cleared from your account upon acceptance of your order by Underdays. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Underdays, your order will be cancelled.
We retain title in any product(s) until we have received full payment for such product(s).
When selecting the PayPal option, you will be directed to the PayPal site to “Log In" and review the amount shown before clicking "Pay Now". Once this transaction is complete, you will then return to the Website.
PRICES AND CURRENCY
The product prices displayed on the Website are inclusive of Value-Added Tax (VAT), as applicable. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to.
Prices are quoted in local currency GBP (£). If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing.
We offer different shipping methods to meet your needs as further specified when you check out. We aim to dispatch all orders within 24 hours during weekdays (except UK bank holidays). Please note that delivery times are provided as guidelines only, and commence from the date of dispatch. The delivery times do not take into account possible delays caused by payment authorization and/or stock availability. To avoid delays in receiving your order, please make sure to provide the correct billing and shipping information associated with your credit/debit card when placing an order.
RETURNS AND EXCHANGES
Items purchased on theunderdays.com are eligible for free returns within 30 days of delivery.
If you wish to return or exchange an item, you can request a return authorization by visiting our returns portal or contacting us at email@example.com. Please make sure to state your order number and the name of the item you wish to return. Once you have received a confirmation from us, please send the package to the return address.
Important information on returns:
-Items must be returned in perfect and unused condition with tags and gusset stickers on the garment. .
-Items must be returned exactly as received. Items must be returned in their original, undamaged box and dust bag as this is considered part of the product.
-When returning by mail, please make sure to return the item and its corresponding box inside another solid carton box to not damage the original packaging. Preferably the original outer packaging used to ship your order.
-Underdays reserves the right to reject any returned items that do not meet above requirements. If your return is rejected, you will be notified via email.
-Please note that Underdays will not refund taxes, duties, and/or any additional charges that may occur for orders outside of the United Kingdom. Shipping costs for uncollected packages will not be refunded.
RECEIVING A REFUND
All returns fulfilling the above criteria that are shipped back within the 30-day time period will be refunded to the original form of payment. Once received, returns take approximately 7-14 business days to process. Upon completion, a refund confirmation email will be generated. Please note that return processing may take additional time during peak seasonal times.
If you receive an item classified as faulty and/or damaged, you must contact us within 7 days of receipt. Underdays’ quality guarantee only covers possible manufacturing defects and cannot be held responsible for defects due to: Failure or damage caused by improper use or carelessness. Aesthetical changes, defects and/or damages caused by normal wear/tear and aging.
EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
- a) We will contact you as soon as reasonably possible to notify you; and
- b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products.
OTHER IMPORTANT TERMS
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us.
If you have a complaint, please contact us at firstname.lastname@example.org giving full details including date of purchase and order reference number where applicable and your full name and address and contact details.
The TOS together with all our policies and procedures will be governed by and construed in accordance to the English law and the relevant courts of England and Wales will have exclusive jurisdiction.
COPYRIGHT PERMISSION NOTICE
The copyright in the documents (including, without limitation, the trademarks of Underdays, logos, graphics, photos, text, design, icons, images data and software) provided in this web site are owned by or licensed to Untold Underwear LTD and its affiliates. You are authorized to use material from theunderdays.com only for personal, non-commercial use. You may download, print and store copies of this material for your own personal, non-commercial use, provided this copyright permission notice is included in all such copies. You may not charge anyone for use of the material and you may not publish, retransmit or otherwise distribute the material to others, without prior written consent from Underdays. You may not modify the material in anyway, without prior written permission from Underdays. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied.
INTELLECTUAL PROPERTY RIGHTS
- Our Website and all of the information and materials included on it including the design, layout, look, appearance, graphics, organization of the contents of the Website, photographs, images, illustrations, text, fonts, video, music, sound, audio clips, logos, trademarks - whether they are registered or not, figurative or not - all other marks, service marks, brand names, trade or business names, domain names and URLs, software (“Content”) are either owned or licensed by us, and are protected by applicable copyright, trademark, patent or other intellectual property laws around the world. We reserve all such rights.
- You are permitted to download and print Content from the Website for your personal use but are not allowed to use such Content for any commercial or business purposes. You must not copy or reproduce (except where the copy or reproduction is made for personal non-commercial use), publish, disclose, distribute, provide to the public, republish, communicate, display, remove, delete, add to, the Website Content or create derivative works of any of the Website Content for any purpose, unless authorized to do so in writing by us or our licensors.
- Any use which is not expressly permitted by these Terms is prohibited. Unauthorized use of the Website or the Content contained on it may violate applicable intellectual property laws or other laws.
Underdays liabilities to you are limited in each separate case to these Terms and Conditions unless otherwise is stipulated bylaw. In no case whatsoever will we assume any liability for indirect damages such as loss of profit or in case of force majeure such as war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters, pandemics or similar events. Underdays’ liabilities to you will never exceed your total purchase amount for each order. In case of force majeure, Underdays’ obligations will be suspended. The contract between you and Underdays can, in such cases, be partially or fully terminated by yourself or by us.
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VERSION OF THE TERMS AND CONDITIONS
The latest update of the Terms and Conditions of Underdays was made in November 2021.