Terms & Conditions

TERMS & CONDITIONS

Welcome to the Ultimate Performance Medical web site Terms and Conditions.  Please read these carefully before you start to use this site.  By using our site, you indicate that you accept these terms of use and that you agree to abide by them.

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.

PRICING

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.

CANCELLATION POLICY

If you wish to cancel your order you must notify us by email to Sales@Ultimate-Performance.co.uk 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.

SHIPPING COSTS AND DELIVERY

We currently only deliver to locations within the UK.  If you have any questions, please contact us for more information.  Please note that if your order is placed during our opening hours we aim to despatch all UK orders within 24 hours, if orders are placed outside of our opening hours your order will be despatched on the next working day.  Our warehouse is in operation Monday – Friday between 7.30am and 5.00pm.  

Estimated delivery times are to be used as a guide only and commence from the date of despatch.  Our standard service is a next day delivery; please allow 2 days for Highlands and Islands. These times do not allow for statutory bank holidays.  Ultimate Performance is not responsible for any delays caused by the postal delays or force majeure. 

Postage costs for items sent by courier per order are:

·  Delivery on all orders to a U.K. address £8.95

·  Order £40.00 nett or more for FREE next day delivery.

We are not liable for any delays and/or failures in delivery if we cannot gain access to the delivery address or under any other circumstances beyond our reasonable control.

Please note:

·  We are unable to redirect orders once items have been dispatched.

·  Order cut-off times are provided as guidelines only, and do not take into account possible delays caused by payment authorization

·  Orders are despatched using a service that requires a signature upon delivery.  It is your responsibility to provide an address where a signature can be obtained.

·   If a delivery is attempted, missed or rejected you may be required to pay a re-delivery fee subject to extenuating circumstances.

PAYMENT

Payment can be made by credit and debit cards or via PayPal account.  Payment will be debited and cleared from your account upon dispatch to the delivery address.  You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it.  All credit/debit card holders are subject to validation checks and authorisation by the card issuer.  If the issuer of your payment card refuses to authorise payment to Ultimate Performance, we will not be liable for any delay or non-delivery.  We take all reasonable care to make our site secure and all credit card transactions on this site are processed using a secure on-line payment gateway that encrypts your card details in a secure host environment.  Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure. 

RETURNS AND EXCHANGES

If you are unsatisfied with your purchase or you have changed your mind we offer a 14 day money back guarantee.  All we ask is that you return the goods in their original condition with all original packaging and labels intact and we will issue you with a full refund of the amount (excluding return shipping costs) upon receipt of the goods to us.  Refunds will be credited to your original method payment.  Please note that all returned goods are sent at your cost and risk.  . No liability can be accepted for returned goods lost or damaged in transit.  We suggest that you use the Royal Mail Special Delivery service which will allow you to insure the goods as well as obtain a signature upon delivery.  Please contact us at Sales@Ultimate-Performance.co.uk or telephone us on 01923 242233 to arrange returns.  

For us here at Ultimate Performance we believe that quality is paramount.  We thoroughly test all our products in real-life conditions to ensure that they are fully capable of standing up to the uses of which they were designed.  It is extremely rare for our products to be defective or damaged.  Returned products will be inspected by our Returns Department and replaced if the damage is the result of a manufacturing defect or deviation from factory specifications.  If the problem was caused by reasons other than materials quality or assembly process, the original product is returned to you.  

We do not replace or refund products:

    Damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object etc.)  
    Damaged by misuse or activities other than the intended purpose.  

Please note the life expectancy of any Ultimate Performance product depends on the individual using the product, the conditions of use, and the characteristic wear patterns of the user.  Ultimate Performance products damaged by normal wear and tear or that have exceeded the reasonable life expectancy of the product are not replaced.

OWNERSHIP

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 Ultimate Performance trade mark and all other trademarks, logos and trade names depicted 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.

DISCLAIMER

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, Ultimate Performance 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 Ultimate Performance has been advised of the possibility of such loss or damages and/or such loss or damage were reasonably foreseeable.

GOVERNING LAW

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.

SERVICE ACCESS

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.

MISCELLANEOUS

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 enforceability 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.

SECURITY

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 like social security numbers on this site.