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TERMS & CONDITIONS

The website www.incusperformance.com (the "Website") is owned and operated by INCUS Performance Limited (“INCUS”, “INCUS Performance’, “we”, “us” or “our”), a company incorporated under the laws of England and Wales and having company number 10064879. References to “you” or “the customer” shall be references to the person purchasing the goods from us.

 

Please read these general terms and conditions of sale and Privacy Policy (the "Terms") carefully, as they apply to any order you place with us. These Terms apply regardless of how you access the Website, including via any technologies or devices by which INCUS Performance makes the Website available to you at home, on the move or otherwise. By placing an order through the Website, you confirm that you have read, understood and agree to these Terms in their entirety and unconditionally. If you do not agree to these Terms in their entirety, you must not order any product or service with us.

Updated Terms and Website

      1.1 We reserve the right to amend these Terms and the Website, including the specification of all Goods displayed, at any time without notice. Such amended Terms are effective, and will apply to all orders made, on the day after the updated Terms are made available on the Website.

       

      Goods


      2.1 INCUS Performance uses the Website to display and sell a wide range of high-quality products & services. These consist of:

       
      2.2 Technological wearable devices for use in training across various sports (the “Devices”); and


      2.3 Clothing, both ‘INCUS Enabled’ clothing items for use alongside our wearable devices and other clothing items (the “Apparel”); and
       
      2.4 Software, both on IOS and Android devices as well as via web portals etc, as well as in person analytics through trials (the “Services”).

         

        (The Devices, Apparel and the Services Items together being the “Goods”)

         

        2.5 All illustrations, colours, specifications and samples displayed on the Website cannot be guaranteed as accurate representations of our products as the display of images may vary depending on the device used and its viewing capability.

        2.6 INCUS Performance makes reasonable efforts to ensure that the Website is accurate as regards availability of Goods. However, certain products may become unavailable from time-to-time due to events beyond our control. If you have ordered Goods which are unavailable, we will contact you within two working days to arrange an alternative or offer a full refund.

        2.7 We reserve the right to alter any Goods if required by any applicable laws or regulations.

         

        Made-to-Measure/Custom Items

         

        3.1 All Made-To-Measure Items are constructed according to the measurements/choices that you supply to us in the online order form on the Website or via subsequent communication. You are responsible for ensuring that these measurements are complete and accurate.
         
        3.2 If, upon receiving your ordered Made-To-Measure/Custom Items, you are not satisfied with the sizing/finish of the items due to the measurements/choices that you have supplied being incorrect, we may make reasonable alterations. Such alterations shall be subject to such additional cost as we shall agree with you. INCUS Performance shall not be obliged to make such additional alterations.
         
        3.3 If Made-To-Measure/Custom Items is incorrectly sized/finished due to an error on our part, we will offer a free alteration service to rectify this error, including return postage.

           

          Ordering

           

          4.1 To place an order via the Website, you must fill out the online order form and submit it to us, following the relevant instructions displayed therein. An order will be deemed to be submitted when received by us.
           
          4.2 The placing of an order constitutes an offer to purchase the specified Goods (the “Ordered Items”) in accordance with these Terms. You are responsible for ensuring that any order, including any measurements and specifications for Made-To-Measure/Custom Items, that you make are complete and accurate.
           
          4.3 On receiving an order, we may respond without accepting the order to clarify certain details as we deem necessary.
           
          4.4 Upon making an order, you will receive a payment receipt email. This email constitutes acceptance of orders for non-Made-To-Measure/Custom Items only and the contract will come into existence. In relation to orders including Made-to-Measure/Custom Items, the order will only be deemed to be accepted when we issue a written acceptance confirmation to you, at which point the contract will come into existence.
           
          4.5 The Platform is intended solely for INCUS Performance to sell INCUS Performance products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of INCUS Performance product by someone who resells, or intends to resell, the INCUS Performance product to others (consumers, businesses or any third party).  If INCUS Performance believes you are involved in purchase for resale, INCUS Performance 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.  


          4.6 Fulfilment of all orders on the Platform 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 under 16, or under an older age if an older age is permitted under applicable law to enter into an agreement with INCUS Performance;
            • you are a reseller;
            • there was an error in the price displayed on the Platform; 
            • we could not deliver to the address provided by you; or
            • due to an Event Outside Our Control (see below).

             

            Pricing & Payment

             

            5.1 Prices are as displayed on the Website, except in cases of obvious error, and are subject to change.
             
            5.2 All prices are offered in Pounds Sterling (GBP) and are inclusive of VAT for UK and EU members. If you are VAT exempt in the EU or ordering from outside the EU, please contact us prior to placing an order so we can arrange to remove the VAT. To do so, we will require proof that VAT is not due to be paid.
             
            5.3 Payment is due immediately upon placing an order and we will not produce or dispatch any Goods until payment has been received in full and cleared funds.
             
            5.4 Payment of prices for Goods and shipping/delivery costs must be made either via personal debit or credit card, Paypal or, bank transfer.
             
            5.5 Any discounts offered are solely at the discretion of INCUS Performance and may be subject to removal/cancellation at any time.

               

              Delivery

               
              6.1 We will deliver the Ordered Items to the address specified in the order (the “Delivery Location”).
               
              6.2 Delivery shall be completed on the Ordered Items’ arrival at the Delivery Location.
               
              6.3 Once delivery has been completed, the risk in the Ordered Items will pass to you.
               
              6.4 Any dates for delivery are approximate only and the time of delivery is not of the essence. Please note we cannot guarantee a specific delivery time.
               
              6.5 If we are unable to deliver the Ordered Items due to an incorrect address or because inappropriate instructions have been received, the Ordered Items will be deemed to have been delivered. We may store the Ordered Items for re-delivery but any costs related to this may be charged to you.
               
              6.6 We aim to deliver all Made-To-Measure/Custom Ordered Items within 4 weeks from the date of our written acceptance. In the event of any delay, we will notify you.
               
              6.7 We aim to deliver Standard Items within 48 hours of our written acceptance in the United Kingdom and within 7 days of our written acceptance for the rest of the world.
               
              6.8 We shall not be responsible for any delays caused by issues relating to the courier or postal service however, we may help where possible to ensure any issues are overcome to your satisfaction
               
              6.9 INCUS Performance’s products are available worldwide (with INCUS | NOVA only available in the U.K. & Europe) but, if the Delivery Location is outside the United Kingdom, a postal surcharge will be made. Additionally, all applicable import duties or taxes are not included in the price for the Ordered Items and are the customer’s responsibility. Please contact the appropriate customs office for further information before placing your order.

                Cancellation and Amendments

                 

                7.1 The terms of our cancellation policy depend upon the type of Goods ordered.
                 
                7.2 You may cancel any Ordered Items which are Made-to-Measure/Custom Items within 2 days of the date of our written acceptance. Cancellation after this point will not be accepted, as production of the items will be too far underway.
                 
                7.3 It may be possible to amend the measurements/specifications of an order for Made-to-Measure/Custom Items up to 4 days after the date of our written acceptance. Please contact us if you wish to make such amendments, however we shall not be obliged to make any such alterations.
                 
                7.4 You may cancel one or more Ordered Items that are Standard Items, without giving any reason, within 28 days from the date of delivery.
                 
                7.5 For the avoidance of doubt, in the case of a mixed order for both Made-to-Measure/Custom Items and Standard Items, you may not cancel any ordered Made-to-Measure/Custom Items after 2 days from our written acceptance, but may still cancel any ordered Standard Items until the expiry of 28 days from the date of delivery.
                 
                7.6 To exercise your right to cancel as set out above, you must inform us of your decision to cancel by a clear statement by email to sales@incusperformance.com. Such email cancellation must specify the following:

                   

                  • The purchaser’s name;
                  • The date of the order;
                  • The order’s reference number
                  • The name and amount of the items that you wish to cancel.

                   

                  7.7 If you cancel your order in accordance with the above, you must send back any cancelled Standard Items received by you to the address as detailed below, without undue delay and in any event not later than 28 days from the day on which you communicate your cancellation to us. The deadline is met if you send back the goods before the period of 28 days has expired. You are responsible for the cost of return delivery when returning the Standard Items. Please ensure goods are covered by appropriate insurance when posting and sent via a secure courier. We recommend a signed for service as proof of postage is not considered proof of delivery.
                   
                  7.8 We will reimburse to you all payments received from you in relation to the cancelled items, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). Please note that we will not reimburse you for any cancelled Standard Items which are not returned to and received by us.
                   
                  7.9 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. Please note that we may deduct 100% of the reimbursement if we believe the goods are handled to point where we cannot re-sell them.

                    7.10 We will make the reimbursement without undue delay, and not later than –

                     

                    • 14 days after the day we receive back from you any goods supplied, or

                     

                    • (if earlier) 14 days after the day you provide evidence that you have returned the goods.

                    7.11 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

                     

                    EVENTS OUTSIDE OUR CONTROL

                     

                    8.1 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 or other natural disaster, or failure of public or private telecommunications networks. 

                    8.2 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. 

                    8.3 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. Please see your cancellation rights under Cancellation above. 

                     

                    Limitation of Liability

                     

                    9.1 Nothing in these Terms shall limit or exclude INCUS Performance’s liability for:

                      

                    1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
                    2. fraud or fraudulent misrepresentation;
                    3. breach of the terms implied by section 12 of the Sale of Goods Act 1979;
                    4. defective products under the Consumer Protection Act 1987; or
                    5. any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.

                     

                    Subject to clause 9.1 above:


                    9.2 INCUS Performance shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms; and

                     

                    9.3 INCUS Performance’s total liability to the Customer in respect of all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the goods.

                     

                    Privacy and Personal Information

                     

                    10.1 When you place an order at incusperformance.co.uk, we ask you to fill in your personal information. Some of this information is required: title, first name, last name, address, email etc. This information is required to process an order and to inform you about the status of your order.
                     
                    10.2 Your personal information is collected in accordance with applicable law and our Privacy Policy and in order to meet our commitments to you.

                       

                      Contact Details

                       

                      Email:      info@incusperformance.co.uk

                      Postal:     INCUS Performance Ltd

                                       Advanced Technology Innovation

                                        5 Oakwood Drive

                                        Loughborough

                                        Leicestershire

                                        United Kingdom

                                        LE11 3QF

                       

                       

                      Miscellaneous Terms

                       

                      12.1 This Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.

                         

                        12.2 A person who is not a party to the Contract shall not have any rights to enforce its terms.
                         
                        12.3 If any provision or part-provision of the contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the contract.
                         
                        12.4 This contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).

                           

                          Version 1: 26th June 2020