Terms & Conditions
By accessing or using this website you agree to be legally bound by these Terms and Conditions. So please read these Terms and Conditions carefully. This website is designed to ensure that making a Purchase could not be easier. Simply follow the clear instructions on how to navigate the site. Once you have found a product you want to purchase, simply click the 'Add to Basket' Button. Once you have finished browsing, click the 'Checkout' button to complete the ordering process. You will then be asked for your personal details, the delivery address and your payment details. At this point you will be transferred to a secure server. By clicking on the 'Confirm' button you are consenting to the Terms and Conditions.
If you have a comment, concerns or feel the need to make a complaint about a Product you have purchased from us, please contact us via email at sales@bigandtallmensclothing.co.uk or by post to:
Big and Tall Mens Clothing
Denmore Gardens,
Wolverhampton,
West Midlands,
WV1 2BW
Prices
Prices listed are in £GBP and are inclusive of VAT. We may change the advertised price of a Product at any time. The price you pay will be the price in force at the time of your Order. The price on your Order will be confirmed by us as part of the checkout procedure. We try to ensure Prices displayed on our website are correct at all times.
Should a Pricing error arise, we will inform you if a Product's correct price is higher than that stated on your Order and you may choose to either proceed with or Cancel the Order. We pride ourselves on our ability to offer exceptional value. Our huge buying power, direct from the manufactures means we have the best prices, and we will endeavor to match the price of any identical product you may find advertised elsewhere
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Payment
We operate a system where we take payment once the order has been downloaded on to our system, and we manually check your order to ensure we have all the information. This system ensures both the company and you the customer are protected from card fraud.
We can also accept orders where you can phone through the card details later. Cheque orders can be printed from the site and sent with the cheque. All cheques will be allowed to clear before goods are dispatched. Big and Tall MensClothing are entitled to refuse any Order placed by you.
You undertake that all details you provide to us for the purpose of purchasing Products or services which may be offered by us on our website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products or services. We reserve the right to obtain validation and verification of the authenticity of your credit or debit card details before providing you with any Products or services.
Availability
All Products depicted on this website (as may be varied from time to time) are available almost everywhere in mainland UK, and by special arrangement to the Channel Islands, Republic of Ireland, Isle of Wight, Isle of Man and the Scottish Islands.
All Products are subject to availability. If the Product you Order is unavailable, we may provide to you a substitute of an equivalent quality and price without notice ("Substitute Product"). In the event that we are unable to supply the Product or any substitute Product to you at all, we shall notify you as soon as possible and shall reimburse your payment in full.
Delivery
Extra Delivery charges to remote or outlying areas within the UK mainland may arise, in which case we will agree the charges with you as soon as possible, where applicable.
Any times or dates stated on our website or confirmation emails regarding Delivery are estimates only. Big and Tall Mens Clothing will make all reasonable effort to deliver Products within the time specified, but does not accept liability for any failure to deliver within that time. Orders received on Saturdays, Sundays or public holidays and Orders received after 12 noon on weekdays, will be processed the next working day. We do not normally deliver on Saturdays, Sundays or public holidays.
Whilst we agree to use all reasonable endeavors to ensure that Delivery is made around the Delivery date advertised, you will acknowledge that actual Delivery is always via third party suppliers and carriers and can therefore be beyond our control. Incorrect personal details may lead to problems or delays in Delivery, so before placing your Order, please ensure that you have included the full address details, including accurate postcode of the Delivery address and your daytime contact telephone number and e-mail address so we can notify you in the event of a Delivery problem.
Delivery will be deemed as successfully made once the Product has arrived at the address specified. No signature is required for proof of Delivery, except where carriers use this for their own confirmation. Products may be left at the Delivery address without the Recipient's permission except where third party suppliers require signed confirmation or the Recipient has expressly requested Products not be delivered in their absence. Products will be deemed your responsibility once they have been received by you, your agent or the intended Recipient. Any loss or damage to the Products shall then be at your own risk.
In case of Delivery to certain locations such as hospitals, airports, hotels, ships and other business premises, the signature of any person authorized to accept Delivery on behalf of the organization shall be accepted as proof of Delivery. Should Delivery be refused at the Delivery address, and re-requested for another date, we may charge for the second Delivery, since we met our Delivery obligations with the initial Delivery attempt. It is the Recipients responsibility to sign for the correct number of packages as shown on the carrier's Delivery consignment note. Shortages must be noted on the consignment note where possible. You should notify us of the shortages within 10 days of Delivery. If boxes look damaged on Delivery we recommend the contents are inspected before accepting and signing the Delivery note.
Returns
We endeavor to provide the best Customer Service possible. Should anything go wrong, we will make every effort to resolve the issue. However, should the problem be unsolvable, or you prefer to amend or cancel your order, please contact sales@bigandtallmensclothing.co.uk
You may cancel your order prior to dispatch, but since we offer a fast delivery service, goods are often dispatched within hours of the order being placed. Orders cancelled after dispatch, even if not yet delivered will be treated as returns, and charges may apply. We will advise you of the status of the Order before you request Cancellation. Any charges will be communicated to you before we confirm the Cancellation.
Before you request or arrange return of a Product, please read the below information carefully.
You may return any delivered products you have purchased within 7 working days of delivery for any reason (including if you simply change your mind), providing the garments are not worn and returned clean with all rapping and labels or tags. (For Hygiene reasons underwear and swimwear cannot be returned). To do so you must notify us in writing via email or post within 7 working days of delivery. If you are returning a product for any reason, except damage or manufacturer defect, You must pay the costs of returning the products to us or our suppliers.
On request, we will collect the products from you, but the cost of this will be charged to you and we may deduct this from the Refund.
If: the product delivered is not what you ordered (including an unapproved substitute product), or does not correspond with its description; the product delivered is not of a satisfactory quality, the product arrives damaged or faulty and you have notified us within 7 working days, we may replace the item or you may Cancel the Order and receive a full Refund. You will not be charged for the costs of returning an unapproved substitute or defective product.
If: products arrive in a damaged condition you must make a note on the carrier's Delivery consignment note where possible and inform us within 7 working days of the Delivery. If the Product becomes defective soon after 7 working days have passed, Big and Tall Mens Clothing will, at its option, replace the Product or Refund you. You will not be charged for the cost of Returning a defective Product.
We will not accept Returns or Cancellations if the Products have been altered or tampered with in any way by altering or customizing the Product in any way that could be deemed as you using, wearing or treating the Products as your own. While in your possession, you must keep any Products you intend to Return to us in good condition. Products must be Returned in the same condition as they were delivered. Care must be taken to ensure the Return Products are packed well to avoid damaged in transit. Products Returned which cannot be re-sold as new due to damage or wear and tear may be subject to a loss or reduction in the Refund given.
Refunds
Refunds will be processed within 30 days. Where exchange rates of currency are involved, the Refund will be made in £GBP at the current exchange rate. We do not accept responsibility for any loss or gain caused by changes in the exchange rate between the time of Ordering and the time of issuing the Refund.
General
We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms and Conditions at any time. We may alter these Terms and Conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the Terms and Conditions on the website regularly.
These Terms and Conditions together with the privacy policy, any Order form and payment method instructions, if any, are the whole agreement between you and Big and Tall Mens Clothing. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Big and Tall Mens Clothing or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms and Conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and Conditions, privacy policy, Order form and payment method instructions.
If any provision or terms of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them. These Terms and Conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
Except in respect of a payment obligation, neither you nor Big and Tall Mens Clothing will be held liable for any failure to perform any obligation to the other due to causes beyond your or Big And Tall Mens Clothing’s respective reasonable control. Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waive of that obligation or right.
These Terms and Conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
Modifications to website
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these Terms and Conditions.
Please note that although we try to ensure that the content of our website is accurate, our websites may contain typographical errors or other inaccuracies. These Terms and Conditions replace all other Terms and Conditions previously applicable to the use of our website and/or sale of the Products.
Nature of our website
Our website is a place for you to select and Order Shirts, Trousers and other Clothing products (the "Products"). Our website describes the Products in more detail.
Please note that our website is available only to individuals that can form legally binding contracts under applicable law. You must be over 18 years to purchase the Products, using the payment methods displayed on our website. If you do not qualify you may not use our website.
Liability
We promise that for any Product you purchase from our website:
We have the right to sell the Product to you,
The Product will be of satisfactory quality.
We also promise that any service we provide to you will be provided with reasonable skill and care. Subject to our Delivery statements, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our website or any information or service provided through our website.
If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permissible by applicable law.
Information you provide to us
The following applies to any information you provide to us, for example during the registration or Ordering process.
You authorize us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our suppliers, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our "Partner Companies").
If you obtain or choose to buy Products from our website then we may collect information about your buying behavior and if you send us personal correspondence such as emails or letters or other messages, then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as the "Purposes"). All such information collected by us shall be referred to in these Terms and Conditions as "Personal Information".
You must ensure that the Personal Information you provide is accurate and complete and that all Ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy. By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should email us at sales@bigandtallmensclothing.co.uk.
In addition, the following applies to all messages, emails, ideas, suggestions, concepts and other material submitted by you to us ("Content"): You must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;
You must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libelous or defamatory of any person or be otherwise unlawful;
You must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for Products or services; and We have the right to monitor Content and may elicit, reject remove or change Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above. You grant us a non-exclusive, irrevocable, royalty free, worldwide license to publish all Content that you submit to us except any portion of the Content that is Personal Information.
You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us. You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these Terms and Conditions, including without limitation the posting or transmitting of any libelous, defamatory, inflammatory or obscene material. If you breach these Terms and Conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these Terms and Conditions.
Security
You are responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify Us immediately of any unauthorized use of them or any other breach of security regarding our website that comes to your attention.
Applicability of online materials
Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.
Our website is controlled and operated by us from our offices in England. Where content published on our website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.
We have used our best endeavors to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws.
If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorized to view or use our website and you must exit immediately. Big and Tall Mens Clothing makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you.
You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Big and Tall Mens Clothing accepts no liability, to the extent permitted by applicable laws, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
Copyright and monitoring
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Big and Tall Mens Clothing, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an Order with Us or using our website as a shopping resource.
However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in Order to complete any test or questionnaire.
Linked sites
Big and Tall Mens Clothing makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Big and Tall Mens Clothing endorses or accepts any responsibility for the content, or the use of, such a website and Big and Tall Mens Clothing shall not be liable for any loss or damage cause or alleged to be caused by or in connection with use or reliance on any content, Products or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
Availability of our website
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.
You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an 'as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
We accept no liability for any indirect, consequential loss, damage or special or punitive damages, or costs, or for any loss of data, profit, revenue, business contracts (whether direct or indirect) in each case, however caused, even if foreseeable and even if we have been advised of the possibility of such damages. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these Terms and Conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Us or our servants, agents or any other person or entity.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. |
