1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract for your order, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are GetGear, our full name is GetGear s.r.o. and we’re a company registered in Slovakia. Our company registration number is 51 659 255 and our registered office is at Tallerova 4, Bratislava - 811 02. Our registered VAT number is SK2120798691.
2.2 How to contact us. You can contact us through our contact form.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.6 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will let you know and not charge you. This might be because the product is out of stock, because we identified an error in the price or description of the product, because we are unable to meet a delivery deadline or because we do not deliver to your location.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.1 Products may be slightly different from their pictures. The pictures of the products on our website are for illustrative purposes only. Although we have made every effort to show shape, style, and colours accurately, we cannot guarantee they’ll look exactly the same, although there’s unlikely to be any large noticeable difference. So, your product may be slightly different from those pictures.
4.2 Product packaging may be different. The packaging of the product may be different from that shown in a picture on our website.
4.3 When requesting a signature on a garment. GetGear is not responsible for any damage and/or deterioration that may happen to the garment and/or signature. The garments washing and care instructions are solely intended for garments without a signature.
If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, timing or anything else necessary as a result and ask whether you wish to go ahead.
We may change products to reflect changes in relevant laws and regulations. These changes will not have a material effect on your use of the product.
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website. For further detail see our shipping policy here.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. For further detail see our shipping policy here.
7.3 We are not responsible for delays outside our control. If our delivery of your order is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the order and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and your order cannot be posted through your letterbox, our courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. If you do not collect your order from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may cancel the order, in which case we will refund you but may deduct or charge you a reasonable amount for costs we incur as a result.
7.6 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
7.7 When you own goods. You own a product once we have received payment in full.
7.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of an order or product to:
7.8.1 deal with technical problems or make minor technical changes;
7.8.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.8.3 make changes to the product as requested by you or notified by us to you (see clause 6).
You may contact us to cancel your order for a product if this leads to a delay of more than 14 days.
8.1 You can always cancel your order with us. Your rights depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to cancel your order and therefore end the contract with us:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract and cancel your order (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;
8.1.2 If you want to cancel your order because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (8.2.1) to (8.2.5) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6);
8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of your order (or part of it) may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don't have the right to change your mind. You do not have a right to change your mind if you have opened and unsealed our products once you've received them.
8.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods.
8.6 Can I cancel an order before its shipped? If you would like to cancel your order before the items are shipped, please contact our customer service through our contact form.
9.1 Tell us you want to end the contract. To end the contract with us, please let us know through our contact form.
9.2 Returning products after ending the contract. If you end the contract or cancel your order for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. If you make a return, please include in your parcel the receipt, invoice or packing slip from your order. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or do not match their description;
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the direct costs of return (which may include our direct costs to us for collection).
9.4 How we will refund you. We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.
9.4.1 If you have paid with Cash on Delivery (COD), you must provide GetGear with your bank details when arranging a return in order to receive your refund. GetGear will not fulfil refunds in cash.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 5-7 days at one cost but you choose to have the product delivered at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, if we have not offered to collect goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us using the contact details set out in clause 2.
10.2 Summary of your legal rights. Please see below for a summary of key legal rights. Nothing in these terms affects your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call (+44)03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
You may have legal rights in addition to these where national law provides you with them.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us for a return label or to arrange collection.
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price on the order pages when you placed your order. We take all reasonable care to ensure the price of the product advised to you is correct. However please see clause 11.3 below for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay. We accept payment methods described to you in the order process which explains how and when you must pay. Payments can be made with PayPal, Credit/Debit cards or Cash on Delivery (COD). Cash on Delivery is only available in Slovakia, Czech Republic and Hungary. When paying with Cash on Delivery you must pay in your local currency, the courier will convert the order total to your currency. The amount is converted according to the applicable exchange rate quoted by the National Bank of Slovakia on the date when the shipment leaves the Slovak Republic.
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we do not follow these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 10; and for defective products under the Consumer Protection Act 1987
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.1 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring proceedings in the English courts. In addition you may have the legal right to bring proceedings in your local jurisdiction and if this is the case then you may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in either the Scottish or the English courts.
13.2 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.