1. INFORMATION ABOUT US

This site is operated by, and the goods you purchase will be supplied by Martin Black under the name of SideWinder Apparel.  Payments are made to Martin Black. Our address is Breezy, 77b Springfield Passage, Hythe, Kent CT21 5ER, where our handcrafted products are made. You can contact us by e-mail at info@sidewinderapparel.co.uk, by telephone on 07807 827058, or write to us at SideWinder Apparel, Breezy, 77b Springfield Passage, Hythe, Kent CT21 5ER

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2.YOUR PERSONAL INFORMATION

We will use your personal information in accordance with our Privacy Policy which you can look up here.

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3. ORDERING

We will acknowledge receipt of your order by sending you an e-mail confirming your order. 

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4. PRICE AND DELIVERY COSTS

Information displayed on this site relating to pricing of a product or service is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order.

Unless stated otherwise, all prices include VAT (where applicable) but exclude delivery costs. Delivery cost will be calculated at checkout. You can view our delivery cost on Shipping and Refunds.

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5. AVAILABILITY AND DELIVERY

Information displayed on this site relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this site. All orders are subject to availability at all times.

​We will deliver to the address given at the time you make your order. If you need a different delivery address, e.g. a works address, please contact us to arrange – UK address only.

​We will use reasonable endeavours to deliver the goods within 5 working days. In the case of unforeseen circumstances beyond our reasonable control such as postal strike, extreme weather etc we may not be able to deliver the goods within these timescales. The Consumer Rights Act says that we must deliver your item within 30 days of your order. 

​We are also not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office or courier company as applicable to arrange the collection or delivery of products that could not be delivered because you were unavailable.

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​6. PAYMENT

Payment must be received before we can process and despatch your order. Payment for goods can be made by one of the following payment methods: PayPal

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7. RIGHT TO CANCEL

Under the Consumer Contracts Regulations your right to cancel an order starts the moment you place it and ends 14 days after your goods are delivered to you. If your order is already in transit, you'll have to wait for your items to be delivered before returning them to get your money back. Please immediately confirm with us that you’d like to cancel your order by sending an email subject matter 'Cancel Order' to info@sidewinderapparel.co.uk. You then have a further 14 days to return it, with the refund form and proof of purchase. You can also cancel your order using the refunds form on Shipping and Refunds.

We will make the reimbursement using the same means of payment as you used for the initial transaction.

​​We may withhold reimbursement until we have received the goods back. You shall send back the goods no later than 14 days from the day on which you communicate your cancellation. You will have to bear the direct cost of returning the goods and we strongly advise you return items using a tracked method. We can not be held responsible for undelivered returned items.

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​8. REFUNDS POLICY

Following cancellation of your order, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return charges (if any). We will pay the refund within 14 days after the day:

• You have notified us to cancel your order

• Where you have not received the goods after 30 days.

• The goods have not been dispatched to you and you no longer need them.

• We receive the goods you returned to us, where you are in receipt of the goods.

We will refund you using the same means of payment as you used to pay for your order. We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of  use.

In the case of returning a ‘free shipping’ order, the shipping cost of sending the item to you will be deducted from the purchase amount .

​​​In the unlikely event that your item should prove to be faulty within 12 months of purchase, please return it to us and we will repair or exchange it free of charge or offer a credit note for the purchased value of the goods. This policy covers goods that are deemed faulty due to manufacturing or material error, and does not cover normal wear and tear or use of the product for any purpose other than for which is was intended. It is important to contact us via email prior to shipping goods, as all refunds/exchanges are subject to approval. Returned goods are subject to inspection by our customer service team and a proof of purchase is required for all goods returned. All shipping costs incurred for returning purchased items are the responsibility of the purchaser.

​We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for defective goods.

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Wrong size or colour?

If your purchased item should be the wrong size or colour please return it to us and we will happily exchange it. Goods must be returned unworn and unused and in their original packaging with all tags attached. All shipping costs incurred for returning purchased items are the responsibility of the purchaser. It is important to contact us via email prior to shipping goods, as all exchanges are subject to approval. Please note we are unable to refund any shipping costs paid at the time of order. WE ARE HAPPY TO EXCHANGE PURCHASES ON MULTIPLE OCCASIONS, HOWEVER THE SHIPPING COST OF RETURNING THE EXCHANGED GOODS WILL REMAIN THE RESPONSIBILITY OF THE PURCHASER.

 

PLEASE NOTE: FOR EXCHANGES WITH ERRORS MADE BY US, WE WLL COVER THE SHIPPING COSTS OF RETURNING THE ITEMS TO US AND FOR THE REPLACEMENT ITEM. 

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​9. CANCELLATION BY US

We reserve the right to cancel the contract between us if, for example:

We have insufficient stock to deliver the goods you have ordered

We do not deliver to your area.

If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card /PayPal as soon as possible.

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​10. LIABILITY

To the extent not prohibited by law, we accept no liability for any:

– loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract); – loss which arises when we are not at fault or in breach of these Terms and Conditions; and – business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption). Nothing in these terms will affect any liability we may have: (a) for fraudulent misrepresentation; (b) for death or personal injury arising from our negligence: (c) under Part I of the Consumer Protection Act 1987; (d) for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.

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11. GENERAL

If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of any other part of these Terms and Conditions and the remainder of the provision in question will not be affected.

No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing. We may update, vary and amend these Terms and Conditions from time to time without prior notice. Each time you order or otherwise purchase any goods from us, the Terms and Conditions in force at that time will apply (as set out on this site). Please check this site to ensure that you understand which Terms and Conditions apply.

 

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12. WARRANTIES

The goods ordered by you will meet the description as shown on our website (or any other description given to you in writing). We will not have any responsibility for any damage which occurs to the Goods after you receipt.

If defects in any Goods appear within 6 months of delivery, you must notify us as soon as you become aware of the defect, giving us full details. We can then decide whether the defect is our responsibility. If so, we may arrange either to repair the defective Goods or to replace them with similar Goods. Any defective Goods to be returned to us must be returned at your expense.

We will not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.

Liability to you for loss or damage shall under no circumstances exceed the total amount you have paid us for those Goods.