Terms and Conditions

Welcome to Fortis® Clothing’s online terms and conditions. Please read them carefully as they apply whenever an order for produce is placed by you or when you submit an order for repair or alteration work.

If you do not agree to be bound by these terms, then please do not place an order. You will be asked to agree these terms each time before placing an order.

Nothing in these terms and conditions affects your statutory rights.

If you would like to contact us or wish to make a complaint, please call us on 01297 442180 within our opening hours of Monday – Friday 9am – 5pm or email us on [email protected]. Alternatively, if you prefer to write by post, then please send your letter to Fortis® Clothing, Hartgrove Hill Farm, Trinity Hill Road, Axminster, Devon EX13 8TB.

We aim to ensure the information we place on the website is not misleading. However, we make no warranty or representation, whether express or implied, in relation to the accuracy of such information or any transaction on the website including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty:-

• the website will meet your requirements or will be uninterrupted, timely or error-free; or
• that defects on the website will be corrected; or
• the site, or the server that make it available, are free of viruses or bugs or represents the full functionality, accuracy or reliability of the website.

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

We reserve the right to change, withdraw or deny access to the website at any time and to remove any posting or information uploaded onto the website.

By using this website, you agree to do so only for lawful reasons. You agree not to impersonate anyone and to comply with all applicable laws and regulations regarding transactions entered into on the website.

The steps required by you to enter into a contract with us are that you place your order for the products by clicking on the pay now button at the end of the checkout process once your product information, payment details and personal information have been submitted. You will be guided through the ordering process by our website and its instructions. Please take time to ensure that your order details are correct.

Once you have submitted an order, we will send you an acknowledgement email detailing the products you have ordered. This email acts simply as an acknowledgment that your order has been submitted and will be processed by us, not that the order is confirmed or accepted.

Please be aware that we are mostly a made to order service and all orders are subject to stock availability. Descriptions of each item will normally tell you if we have any sizes in stock, more often than not your item will be made for you and therefore you must allow us 12 weeks from date of order. The banner at the top of the website will state the current lead times.

A further email will be sent to you when your ordered products have been dispatched. The contract between you and us is formed at the point of order where payment is taken and you agree to our Terms & Conditions.

Non-acceptance of an order may arise from a number of reasons including (but not limited to):-

• Not being able to take payment from you;
• A pricing or product description error on our behalf;
• You not meeting any eligibility criteria;
• Unavailability of stock where we have specifically said an item is in stock;
• If we reasonably consider that you intend to re-sell the products on a commercial basis; or
• Attempting to purchase more than four products of any type of product within a single order.

Please note we will not file a copy of the contract between us.

Please note the warranty covers all garments unless discounted where the fault is clear and forms part or all of the discount applied.

The prices of the products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of products are correct at the time when the information was entered onto the system.

During a sale period no other offers or promotion codes may be used. Pricing cannot be retrospectively honoured on past orders. Applicable on items purchased within sale period.

We will normally check prices as part of our dispatch procedures. If the products are incorrectly priced, then where the product’s correct price is less than the price stated on our site, we will charge the lower amount. However, please note that if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as mispricing, we do not have to provide the products to you at the incorrect (lower) price.

Where the product’s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error. We will give you the option of continuing to purchase the product at the correct price or cancelling the order. We will not process the order until we have your instructions. If we are unable to contact you within 14 calendar days using the personal information you provided to us, we will treat the order as cancelled and notify you in writing.

The price of the product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. Click here to check the delivery charges.

You can only pay for your products by using a debit card, credit card or paypal. The cards we accept are shown at the time of ordering.

Please contact the office directly as soon as possible after placing the order if any changes need to be made and a member of the team will be able to inform you if it is too late in which case you will need to complete a returns form upon receiving your product.

We will aim to deliver your order by the estimated delivery date set out on the website, unless there is an Event Outside Our Control. If we’re unable to meet the estimated delivery date, then we will inform you of a revised estimated delivery date. Delivery will be completed when we attempt to deliver the products to you or a person identified by you to the address you gave to us or other address or location which is agreed between you and our courier. The products will be your responsibility from the completion of delivery being attempted.

You will own the products when we have received payment in full for the products, including any delivery charges.

Your Rights under The Consumer Rights Act 2015.

Your statutory rights are not affected.

We aim to ensure our products are of the highest quality standard. However, if you consider a product is faulty or not as described, please inform us accordingly. Where the product is faulty or not as described, you have the statutory right within thirty (30) days of delivery to reject the product and receive a refund or you can elect for the product to be repaired or replaced. Where the product is faulty, you will also have the benefit of the Fortis® Clothing Warranty.

We always endeavour to provide our reproofing and other services to the highest standards. However, if you consider our services have not been provided with reasonable skill and care, again please inform us accordingly. Where they have not met this standard, you have the statutory right for the services to be re-performed within a reasonable time where this is possible. We will aim to agree such time period with you.

We will not be responsible for any failure to perform the contract or delay in its performance which result from any act or event beyond our reasonable control such as (but not limited to) natural disasters, floods, earthquakes, epidemic, IT failures or attacks, strikes, late deliveries by couriers or other delivery organisations, civil commotion, terrorist attacks or threats of such terrorist attacks, impossibility or delays resulting from using railways, shipping, aircraft, motor transport or other means of transport (‘Event Outside Our Control’).

If an Event Outside Our Control takes place and affects the performance of our obligations under the contract between you and us, then we will contact you as soon as we are able, our obligations will be suspended and the time for performance of our obligations will be extended for the duration of such event. Where the event delays your delivery, we will arrange a new delivery date with you when the delaying event has passed.

We may need to make certain changes from time to time. These might be changes in how we take payments from you or changes arising from legal or regulatory requirements. Each time you place an order, the contract will be formed on the terms and conditions currently in place on the website at the time of order. We reserve the right to make changes to these terms and conditions from time to time. It is your responsibility to read the applicable terms and conditions each time you wish to place an order.

We may also need to make product changes to the products from time to time. You will be informed of any product changes at the time you place the order.

The images of our products are for illustrative purposes only. We make every effort to ensure the images and colours are accurate but we cannot guarantee the images and colours on your computer are exactly the same as the product. The products may vary slightly from those images. We comply with our statutory obligation to ensure that the goods we supply conform to the contract we enter into with you.

We warrant that the product will be free from material defects for twelve (12) months after the date of delivery or such longer period as set out in our accompanying warranty. If the product has a material defect (which is not due to one or more of the following reasons), then we will either repair or replace the product (at our own discretion).

The warranty does not apply in respect of:-

• fair wear and tear;
• wilful damage, abnormal storage, accident or negligence by you or by any third party;
• if you fail to use the products in accordance with its instructions;
• any alteration or repair by you or by a third party who is not one of our authorised repairers;
• any specification provided by you; or
• counterfeit goods purporting to be Fortis products.

This warranty is additional to, and does not affect, your statutory rights.

All our boots come with a 2 year manufacturers warranty, which is in place from the moment your boots are delivered. If for any reason you believe your boots have a manufacturer default, please get in touch with the Fortis® team. We will then request that your boots are sent back for inspection, which will allow us to make a decision on your warranty claim.

We WILL NOT inspect any boot which are sent back in a dirty condition. Boots should be washed down before sending out. We reserve the right to return any pair of boot which are sent back in a dirty condition.

The warranty does not apply in respect of:-

• fair wear and tear;
• wilful damage, abnormal storage, accident or negligence by you or by any third party;
• if you fail to use the products in accordance with its instructions;
• any alteration or repair by you or by a third party who is not one of our authorised repairers;
• any specification provided by you; or
• counterfeit goods purporting to be Fortis products.

This warranty is additional to, and does not affect, your statutory rights.

Boots being returned for warranty claims must be returned as a pair and with original laces.

When you use our website, you may see we offer you recommendations, showing products we think you might like. These may be based on your past purchases, top sellers, ratings and recently-reviewed products. We consider your interests and recommend products we think you might like.

You acknowledge and agree that all the intellectual property on the website including (but not limited to) logos, trade marks, images of products is owned by us or our licensors. You agree not to (and ensure no other person shall) copy, reproduce, edit, transmit, publish, display, create derivative works or use in any manner such intellectual property.

We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these terms or your use of the website.

Except to the extent required by applicable law, we shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this website.

Nothing in these terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

We only supply products for domestic and private use. You agree not to use the product for commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, loss of revenue, business interruption or loss of business opportunity.

The price of a product includes VAT (where applicable) at the current rate chargeable in the United Kingdom. However, if the rate of VAT changes between the date of your order and the date of delivery, we may adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.

Each of the paragraphs of these terms operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

No waiver by us shall be construed as a waiver of any other breach.

These terms govern our relationship with you. Any changes to these terms must be in writing and signed by both parties as we can then avoid any problems arising about what we and you are expected to do. You confirm that, in agreeing to accept these terms, you have not relied on any statement save those which are a term of this contract and you agree that you shall have no remedy in respect of any such statement. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.

We will use your personal information in accordance with our Privacy Policy and always in accordance with the Data Protection Act 1998.

You may be contacted by email in relation to future offers and for marketing purposes. You will have an opportunity to unsubscribe from these emails.

We may use cookies in order to improve your experience on our website. Website cookies are important pieces of information we use to tailor our website exactly to your needs. Cookies are harmless, tiny text files that are stored on your computer when you visit a website. They enable us to remember who you are when you visit us again.

How do they affect me?

Cookies don’t store any sensitive or personal information such as your name or address – we use the coded information gathered from them to help us perform tasks. These tasks include showing you products in your region, allowing you to watch a video or allowing you to connect with social media sites. By using our website, you agree that we can keep cookies in place and help us to remember a little about your viewing preferences, while keeping your personal details protected.

Please note that we are not responsible for any third party sites and you access these sites (whether through our links or otherwise) at your own risk.

Please note these terms are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.