Terms and conditions

These are the terms and conditions on which we supply our products to you.

Please read these terms carefully before ordering with us. These terms tell you what you need to know about buying with us. If you think that there might be a mistake in these terms, please let us know.

1 WHO WE ARE AND HOW TO CONTACT US

1.1 Who we are. We are HeatPerformance – a private company and registered in the Netherlands with company number 73859834. Address: Max Liebermannstraat, NL-2202 EG, Noordwijk, Netherlands. Email: info@heatperformance.com.

2 PLACING AN ORDER

2.1 How you can place an order. Orders are placed solely through our website. Once you’ve added the product(s) you’d like to your basket, you’ll go through our checkout procedure where you’ll need to enter your contact details, delivery and billing information. Please check, double check and even triple check your order (e.g. the product(s), size(s) and delivery address) before clicking the “place order” button.

2.2 Acceptance of your order. Your order is an offer from you to us to buy the product(s) in your basket. After you place an order, you will receive an email from us confirming that we have received it.  Our official acceptance of your order takes place when we email you to confirm we’ve we’ve dispatched your product(s). It’s at this point that a contract will come into existence between you and us. When we acknowledge your order, we’ll also confirm your order number. If you need to contact us about your order, you should quote this number.

2.3 Restrictions on placing orders. To order our products, you must be at least 18 years old and be authorised to use the payment method which you use to pay for the products you order.

3 OUR RIGHTS TO CANCEL YOUR ORDER

3.1 If we cannot fulfil your order. In the unlikely event that we’re unable to fulfil your order (e.g. because the product is out of stock, we haven’t been able to verify the billing information you’ve provided, or you have requested delivery to a country that we do not currently ship to, or there has been an error in the pricing or description of the product), we’ll let you know by email and we won’t charge you for the product.

3.2 Unusual or suspicious activity. We provide our products for your personal use only. We may cancel an order if we notice something unusual or suspect that our products are being exploited for any commercial, business or re-sale purpose. If this happens to you and you think we’ve made a mistake, get in touch with our customer service team through our online form at gymshark.com/contact.

3.3 Suspending the supply of products. We may have to suspend the supply of a product to you to:

3.3.1 deal with technical problems or make minor technical changes;

3.3.2 update the product to reflect changes in relevant laws and regulatory requirements; and/or

3.3.3 make changes to the product as notified by us to you.

4 OUR PRODUCTS

4.1 What we provide. We provide heating clothing, such as socks, gloves and insoles.

4.2 Descriptions of our products. The pictures of our products (and packaging) on our website are for illustrative purposes only. We work to ensure that colours are displayed accurately but we can’t guarantee that a device’s display of the colours exactly reflects those of our products.

4.3 Gift cards. You can purchase a gift card (in the form of a digital code) from us in the same way as any of our other products, however:

4.3.1 you cannot purchase a gift card using another gift card as payment;

4.3.2 gift cards are valid for 12 months from the date of purchase; and

4.3.3 gift cards may only be redeemed on the website from which they were purchased (for example, gift cards purchased from uk.gymshark.com can only be redeemed on the uk.gymshark.com store).

5 DELIVERY

5.1 Delivery costs. Free shipping costs for orders over £ 50. Shipping costs for orders under £ 50 are charged £ 3,95.

5.3 Additional charges. Any customs, duties or additional charges which apply to your order (if your order is delivered outside of the UK, for instance) will be your responsibility and are not included in the delivery costs.

5.4 When we will provide the products. When we deliver the products to you will depend on the delivery method you select during the order process, please refer to our delivery timings here:

If you are buying products during promotional periods, it may take a little longer for our products to be delivered to you.

5.5 We are not responsible for delays outside our control. If delivery of the products to you is delayed by an event outside our control (e.g. because of postal/courier delays, logistics or bad weather), we’ll let you know as soon as possible. If there is a risk of substantial delay, you can contact us to cancel your order and we’ll refund you for any products you’ve paid for but not received.

5.6 If you are not available when the product is delivered. If no one is able to take delivery and the products cannot be posted through your letterbox, the courier will notify you of the delivery attempt and tell you how to rearrange delivery or collection of the products.

6 YOUR RIGHTS TO END THE CONTRACT

6.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract, as set out below. We’re under a legal duty to supply products that are in conformity with this contract and nothing in these terms will affect your legal rights.

6.2 If what you have bought is faulty or differs substantially from how it is described on our website. You may have a legal right to end the contract (or to get the product replaced or to be given a refund). In this case, the return will be free in the United Kingdom provided you return the product to us within 30 days (unless stated otherwise on our website) from the date you receive it.

6.3 If you want to end the contract because of one of the reasons set out below, The contract will end immediately, we will refund you in full for any products which you have paid for but which have not been supplied to you. The reasons are:

    • 6.3.1 we have told you about an upcoming change to the product or these terms which you do not agree to;

    • 6.3.2 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;

    • 6.3.3 we have told you that supply of the products may be significantly delayed because of events outside our control;

    • 6.3.4 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 four weeks; or

    • 6.3.5 you have a legal right to end the contract because of something we have done wrong.

6.4 If you have changed your mind about the product. We offer a goodwill guarantee which gives you 30 days (unless stated otherwise on our website) to change your mind and receive a refund instead of the standard 14 days (which does not affect your legal rights in relation to faulty products). You have 30 days (unless stated otherwise on our website) from the day you (or someone you nominate) receives the products to change your mind. If your products are split into several deliveries over different days, you have until 30 days (unless stated otherwise on our website) after the day you (or someone you nominate) receives the last delivery to change your mind. In either case, you will need to pay the cost of the return as set out in our returns process.

Please note that some products can’t be returned, such as:

    • 6.4.1 any product which has been damaged, worn, used in any way or has had the care label cut and/or removed;

    • 6.4.4 any product which is missing any component part(s) when returned by you (unless this is because of something we have done); and

    • 6.4.5 any products which become mixed inseparably with other items after their delivery.

6.5 In all other cases (if we are not at fault and there is no right to change your mind). Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before the products are delivered and paid for – just contact us to let us know.

7 RETURNS AND REFUNDS

7.1 Tell us you want to end the contract. To end the contract with us, ask us any questions or in the unlikely event that you have any complaints about the product, please let us know by e-mail (info@heatperformance.com).  Unless stated otherwise on our website, please provide your name, delivery address, order number and email address so we can help you quickly and easily.

8 OUR RIGHTS TO END THE CONTRACT

8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

    • 8.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the address for delivery; or

    • 8.1.2 you do not, within a reasonable time, allow us to deliver the products to you.

8.2 Refunds. If we end the contract in the situations set out in clause 8.1, we will refund any money you have paid to us for products we have not provided.

9 PRICE AND PAYMENT

9.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take care to ensure that the price of the product advised to you is correct. However, please see clause 9.4 for what happens if we discover an error in the price of the product you order. We do offer a ‘buy now, pay later’ with Klarna.

9.2 What happens if we get the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, if the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If we accept and process your order where a pricing error is obvious and unmistakeable 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 products provided to you.

9.3 We may change the price of our products. Sometimes we need to make changes to the price of some of our products. When this happens, we’ll update the prices on our website. If you placed your order for a product before the price change, the price will be as stated on our website at the time when you placed your order. 9.2 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’ll 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.

9.4 When you must pay and how you must pay. We accept payment by Visa, Mastercard, American Express, PayPal, Klarna and direct banktransfer. We will not charge you until we dispatch the products to you, although the price payable by you for the products may appear as pending transactions against the payment method you use.

10 OUR RESPONSIBILITY FOR LOSS OR DAMAGE

10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with 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.

10.2 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 (including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care); and for defective products under the Consumer Protection Act 1987.

10.3 We are not liable for business losses. We only supply the products for 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.

11 HOW WE MAY USE YOUR PERSONAL INFORMATION

11.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Notice. You can read it here: Cookies & Privacy.

12 GUARANTEES

12.1 The products come with a warranty. The seller guarantees that the sold product complies with the agreement, that it will function without defects and that it is suitable for the use that the buyer intends to make of it. This guarantee applies for a period of 6 months (batteries and heated shoes) and 12 months (for all other products) after receipt of the sold by buyer.

12.2 The use by you of the products offered on our site is entirely at your own risk and you must ensure that you are familiar with and agree to the conditions under which the products are supplied.

12. 3 The aforementioned guarantee does not apply when the defect has arisen as a result of injudicious or improper use or when – without permission – the buyer or third parties have made or attempted to make changes or have used the purchased item for purposes for which it is not intended.

12.4 The guarantee also does not apply if the user instructions (to be found on the website on page https://www.heatperformance.co.uk/information-guide/ and enclosed with the product) have not been followed in full.

12.5 We are not responsible if the information made available on this site is not correct, complete or up to date. The information on this site is intended as general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or up-to-date sources of information. Any reliance on the information on this site is at your own risk.

12.6 Third party. If the warranty provided by the seller relates to an item manufactured by a third party, the warranty is limited to the warranty provided by that manufacturer.

13 LIABILITY

13.1 Limited liability. Any liability for damage arising from or related to the execution of an agreement shall always be limited to the amount paid out in the relevant case by the liability insurance(s) taken out. This amount shall be increased by the amount of the excess under the relevant policy.
 
13.2 Intent or deliberate recklessness. Not excluded is the seller’s liability for damage resulting from intent or deliberate recklessness on the part of the seller or its executive employees.
 
13.3 The seller is not liable for the buyer’s handling of the products. In other words, the buyer is responsible for the proper use and maintenance of the products.
Here you will find the manuals for our products, so that you are aware of the correct use of the products:
 
 

14 OTHER IMPORTANT TERMS

14.1 We may transfer this transfer to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within seven days of us telling you about it and we will refund you any payments you have made in advance for products not provided.