​

AVLSHOP is a company based in England

Access to and use of this Website and the products and services available (“Services”) through this Website (‘Site’) are subject to the following terms, conditions and notices (the "Terms"). The contract under which the Supplier shall supply Goods to you pursuant to, in accordance with and subject to the Supply Conditions (“Contract”). These Terms form the basis of the Contract that will govern our dealings with you. They apply to the supply of Goods (“Products”) and Services by AVLSHOP (“Us” or “We” or “AVLSHOP” or “Our”) to the person, company or other type of organisation (“you” or “Your” or “customer”) that enters into a Contract to purchase Goods and use Services from us.

Please read these Terms carefully and make sure you understand them before accessing and/or purchasing Products and Services.

By using the Services, you are agreeing to all of the Terms, as may be updated by us from time to time.

Every time you wish to order Products or contribute to Our Site please check these Terms. When using Our Site you should check this page regularly to take notice of any changes we may have made to the Terms. The Terms apply to all visitors and users of the Site, including users who contribute content or information and subscribers to other services on the Site. The Terms also apply to individuals or entities on whose behalf a user accesses the Site. For those persons wishing to use our Services, they must read and agree to be bound by our policies relating to those services.

 If you do not agree to the Terms, do not use the Site. We shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Site.

We also may revise, modify or change the Terms at any time at our sole discretion with or without notice. Your continued use of the Site after we post changes to the Terms constitutes acceptance of the Terms as modified. It is your responsibility to regularly review the Terms.

The images and pictures of the Products on Our Site are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s or device’s display of the colours accurately reflect the colour of the product. Your Products may vary slightly from those images.

Although we have made every effort to be as accurate as possible because our products are hand made all sizes, capacities, weights, measurements and dimensions indicated on Our Site have a 5% tolerance.

Many of the items which We offer for sale are fashion items and may not be suitable for sports or other activities. You should therefore satisfy yourself that items are suitable for the type of sports activity that You wish to use them for.

 

The packaging of the Products may vary from that shown in the images on Our Site.

If you are under 18 years old, you must let your parent or guardian know about Our Privacy Policy before you register to use this Site or any of this Site's services. If You are a consumer you may only purchase Products from Our Site if you are at least 18 years old.

Steps to place an order:

To offer to purchase a product from Us using Our Site you will need to select the intended product for purchase and follow Our onscreen instructions to Our basket section of the Site. Please refer to the site map for alternative guidance. At this point you are able to enter you postal code to select your preferred delivery option and use an eligible gift voucher or promotional code. To offer to purchase a product you will need to continue to checkout where You will be asked to fill out particular information to allow Us to receive Your offer of purchase. Our order process then allows You to check and amend any errors before submitting Your offer to purchase Our Product or Products.

 

Once You have placed an order, You will receive an email acknowledging that we have received your order, however please note that this does not mean that we have accepted your order.  We will confirm Our acceptance to You by sending you an email stating that Your order has been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed once we send you the Dispatch Confirmation.   

You may cancel a Contract from the date you place an order, which is when the Contract between us is formed. You have a period of 28 days in which you may cancel/return products from this point. All items must be received back in our possession before the 28th day.

You must take reasonable care of the Products and return the Products to us unused in a saleable condition, with your receipt or invoice. Blakely Clothing is not responsible for providing a new parcel bag for the purpose to return in. We refund You to the credit or debit card used to pay for the Products.

You must return the products to us as soon as reasonably practicable.

You will be responsible for the costs of returning the Products to us.

Due to hygienic reasons boxer shorts are ineligible for returns/exchanges.

As a consumer, You have legal rights in relation to Products that are faulty or not as described. The warrantee for faulty products is 6 months. Please contact avlmoneybusiness@hotmail.com within 7 days with your order reference and images of the fault, and our customer service team will assist you with a resolution. Advice about your legal rights is available at Your local citizens’ advice bureau or trading standards office. Nothing in these terms will affect Your legal rights.  

Whilst the goods are in your possession you must take reasonable care of them and not use them. 

For more information please refer to Our Terms of sale section.    

Customer registration

You will then be asked whether You are a new or a returning customer. To register as a new customer You will be asked to provide Your details and will be asked to create and confirm a password. We will then store that information so that if You place further Orders with Us, You will not need to re-enter all Your details and You will be remembered as a returning customer. Returning customers will be asked for a password and e-mail address to login, each time an Order is placed.

​

Your use of the AVLSHOP is at your risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site.

This Site must not be framed on any other website, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice. You must not establish a link from any website that is not owned by you. You may link to our home page, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

This Site is for your personal, non-commercial use only. You may store, print and display the content supplied solely for your own personal use. You may not use this Site, or any of the material appearing on the Site to further any commercial purpose, including selling any content, software, products, or services. You also may not use the contents of this Site for commercial purposes including (but not limiting to) advertising or to promote or generate activity on any other website. You may not copy, distribute, transmit, display, perform, license, create derivative works from, transfer publish, manipulate, distribute or otherwise reproduce any of the material, contents, products or services on Our Site. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Us or its licensors.

You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the AVLSHOP, the server on which the AVLSHOP Site is hosted or any server, computer or database connected to the AVLSHOP.

You will not commit or encourage a criminal offence. You will not breach of confidence or be in any way offensive or obscene. You shall not cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Site or to your downloading of any material posted on it, or on any website linked to it.

AVLSHOP does not warrant or represent that AVLSHOP content is accurate, error-free or reliable or that your use of AVLSHOP content will not infringe rights of third parties.

AVLSHOP does not warrant that the functional aspects of the Web Site or AVLSHOP content will be error free or free of viruses or other harmful components. AVLSHOP and its suppliers make no warranties about AVLSHOP content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. Blakely reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Blakely is not liable to you or any third party for any such withdrawal.

We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

 

 

Terms of Sale:

By placing an order You are offering to purchase a Product on and subject to the following Terms. All orders are subject to availability and confirmation of the order price.

You, the Customer, is responsible for ensuring that the terms of the order and any applicable specification submitted by Yourself is complete and accurate.

The Contract constitutes the entire agreement between You, the Customer, and AVLSHOP. You acknowledge that it has not relied on any statement, promise or representation made or given by or on behalf of AVLSHOP which is not set out in the contract.

Any samples, drawings, descriptive matter or advertising produced by AVLSHOP and any descriptions or illustrations contained in AVLSHOP catalogues or brochures or emails are produced for the sole purpose of giving an approximate idea of the goods described in the item. They shall not form part of the contract or have any contractual force. 

We will have the right, at any time, to make changes to information about Products displayed on Our Site, for example information about prices, description or the availability of Products and We may do so without first giving You notice of the changes. 

The inclusion of any Products on Our Site does not imply, warrant or guarantee that the Products will be available if You wish to place an order to offer to purchase it.

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.

We reserve the right not to accept  Your order in the event, for example, that We are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy Our quality control standards and is withdrawn, or that You do not meet Our eligibility criteria.

Furthermore, We will not be liable to You or any third party by reason of Our withdrawing any Products from the Site whether or not those Products have been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

In an effort to protect our customers, all orders placed via Our Site are screened and security checked for fraud. Orders randomly selected for security screening cannot be processed until we hear back from you so it is in your interest to include a valid telephone number and email address with your order so we can contact you if we need you to confirm certain elements of Your order which may include the billing or delivery address. We will never ask You for full credit / debit card details. Although it is rare that it would be necessary for Us to cancel an order, We reserve the right to refuse any orders from a customer where the following situations are applicable:

• Incorrect credit/debit card number, expiration date or security code.

• Incorrect billing information (billing information You provide is different from information Your credit card company/ bank has on record).

• Insufficient/incorrect shipping address (street, town/city, county or postal code).

• Fraudulent information.

We may cancel any order if fraudulent activity is suspected and may refuse to process subsequent orders from Customers with a previous fraudulent order history. If we are unable to contact You using the telephone number or email address that you have provided with your order within 3 days we reserve the right to cancel your order and give a full refund to the original card or credit card used.

All orders are subject to acceptance and availability.

Once an order is dispatched by us and it is claimed by the customer that it has not been successfully delivered the value for the item is then no longer eligible for a refund. The value is eligble for a gift voucher or to be resent the original item once again.  

Orders placed by you are an offer to purchase and will be accepted by us subject to stock availability at the stated prices, and subject to your payment having been received by us in full. We require full payment for the goods before your order can be accepted. Once your payment has been received by us, we will send an email to your stated email address. This email is NOT an acceptance of your order. Dispatch will be arranged to your address. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which We will not be responsible.  Completion of the contract between you and AVLSHOP will be perfected when we dispatch the goods to you from our premises. You will be informed of this via a Dispatch Confirmation email. Once the item has left the Blakely premises the title and ownership passes to the customer. At this point all risk is passed onto the customer and therefore AVLSHOP accepts no liability or responsibility for the product. BAVLSHOP will supply the customer with reciept and proof of postage at this time, so if the customer wishes they may follow up any problems with the postal service. The sale contract is concluded in Norfolk, England, and the contract language is English.

 

The sale of your order will appear on your credit card statement as AVLSHOP. We reserve the right to request additional proof of billing information. If you think the amount of a sale related to an order at AVLSHOP is incorrect, please email us.

Payment can be made by Visa, Visa Electron, MasterCard, Delta, and Maestro debit cards. Payment will be debited and cleared from your account upon receipt of your order by AVLSHOP.

You confirm that the credit/debit card that is being used is yours.

 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 AVLSHOP, we will not be liable for any delay or non-delivery.

We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using Natwest Merchant Services, a secure online 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, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

AVLSHOP will store a record of your transactions for a minimum of one year.

The Contract between You and Us is binding. You may not transfer or assign Your rights or obligations to another person without Our express agreement. We may transfer or assign Our rights and obligations under the Contract or appoint third parties to assist Us in performing Our obligations at any time provided that this will not reduce Our obligations to You.

You also acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and AVLSHOP as a result of the Terms or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of AVLSHOP, and we shall not be liable for any representation, act, or omission on your part.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Of Our Control. An Event Outside Of Our Control means any act or event outside of reasonable control. Shipping & Delivery options as selected by the customer are based on English shipping, Weekends & Public Holidays. If the customer is ordering from outside of England it is their responsibility to account for alternative public holidays or times when their primary mailing service is not operating. We especially advise care when selecting 'Express' or 'Next Day' delivery options around these times.     

The AVLSHOP packages are tracked and as a result  we can not accept any responsibility for successfully delivered packages to shared buildings (eg Work places, Universities, Shared postal rooms, Hotels etc) It is the customers responsibility once the package has arrived at the requested address and we can not accept any responsibility if after the arrival if it is lost or stolen. Refunds are not eligible in this situation. 

 

Pricing/Products

All prices of a Product have VAT include at the current rate chargeable in the UK for the time being. Prices for the Products do not include delivery charges.

Blakely uses a standard pricing policy for the UK and Channel Islands which ensures that all of our customers are charged the same price, regardless of where they live. We do not offer VAT refunds on orders delivered to the Channel Islands.

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies. 

 

Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Site.

The conditions of use relating to any discount code will be specified at the time of issue.

These Terms relate to all Blakely promotions, competitions and discount codes (unless otherwise stated):

Only one promotion code can be used per order

Maximum pre-discount spend limit of £500 applies per order

A promotion code can't be used after an order has been placed

Unless specified discount codes cannot be used on sale items.

 

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law AVLSHOP and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages. Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, conditions or warranty which might be implied or incorporated into these Terms by statue, common law or otherwise is excluded to the fullest extent permitted by law. In particular we will not be responsible for ensuring that the Products are suitable for Your purpose. 

 

 Except unless we explicitly state elsewhere, we shall not be responsible for any indirect or special losses which happen as a side effect or consequence of any main loss or damage or for anything which we or you could not reasonably anticipate this includes but is not limited to the following, however they arise: lost profits,  loss of income or revenue, loss of savings,  loss of data or other intangibles, loss of use of money,  arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This does not affect AVLSHOP liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

You agree fully to indemnify, defend and hold Us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms by you or any other liabilities arising out of your use of this Site, or the use by any other person accessing the Site using your shopping registration account and/or your personal information.

TO THE EXTENT THAT WE ARE LIABLE TO YOU IN RESPECT OF BREACH OF CONTRACT, FOR NEGLIGENCE OR FOR ANY OTHER LEGAL LIABILITY IN RELATION TO THE GOODS OR THIS CONTRACT OR OTHERWISE, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THREE TIMES THE PRICE OF THE GOODS WHICH ARE THE SUBJECT OF THE LIABILITY, PAID BY YOU TO US AND ANY LOSSES WHICH ARE FORESEEABLE AS A DIRECT CONSEQUENCE OF US BREAKING OUR CONTRACT WITH YOU.

If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.

 

INTELLECTUAL PROPERTIES RIGHTS

The intellectual property rights in all software and content made available to you on or through this Site remains the property of Us and are protected by copyright laws. All such rights are reserved by Us.

You acknowledge and agree that all ownership rights known as intellectual property rights in the Products including all designs, trademarks, brand name, images and logos are and shall remain Our property or those of Our licensors including Blakely Software and all HTML and other code contained in this Site.

You are permitted to use the content only as expressly authorised by Blakely and/or its third party licensors.

At no time shall any rights, title or interest in the intellectual property rights pass to You.

Any reproduction or redistribution of the above listed content is prohibited. Content includes (but not limited to) any graphics, photographs, including all image rights, Products, sounds, music, video, audio or text on this Site.

You must not offer any Product for resale.