Terms and Conditions
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
Cooling-off period: The period during which the consumer may exercise their right of withdrawal.
Consumer: A natural person who is acting for purposes outside their trade, business, craft or profession and enters into a distance contract with Underform.
Day: Calendar day.
Distance contract: A contract concluded between Underform and the consumer under an organised distance sales system, without the simultaneous physical presence of Underform and the consumer, and with exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
Durable medium: Any instrument which enables the consumer or Underform to store information addressed personally to them in a way accessible for future reference and allowing unchanged reproduction of the stored information.
Right of withdrawal: The consumer’s right to cancel a distance contract within the applicable cooling-off period.
Underform: The trader offering products and/or services to consumers through this website.
Terms and Conditions: These Terms and Conditions of Underform.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the contract within a cooling-off period of 14 days without giving any reason.
The cooling-off period expires 14 days after the day on which the consumer, or a third party indicated by the consumer other than the carrier, physically receives the product.
During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only inspect the product to the extent necessary to determine the nature, characteristics and functioning of the product, as they would be allowed to do in a physical shop.
If the consumer exercises the right of withdrawal, the consumer must return the product with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by Underform.
For hygiene reasons, certain products may not be eligible for return if the seal has been broken, the item has been worn, washed, damaged or is no longer in a resalable and hygienic condition. This applies in particular to underwear, undershirts and similar intimate or hygiene-sensitive garments, unless the item is faulty or not as described.
Article 3 – Applicability
These Terms and Conditions apply to every offer made by Underform and to every distance contract concluded between Underform and the consumer.
Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, Underform will indicate where the Terms and Conditions can be viewed and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the text of these Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium.
If, in addition to these Terms and Conditions, specific product or service conditions apply, those additional conditions will also apply. In the event of conflicting conditions, the consumer may rely on the provision that is most favourable to them, where applicable by law.
If one or more provisions of these Terms and Conditions are at any time wholly or partly void or unenforceable, the remaining provisions shall remain in full force. The invalid or unenforceable provision shall be replaced by a valid provision that reflects the original purpose as closely as possible.
Situations not covered by these Terms and Conditions shall be assessed in accordance with the spirit and purpose of these Terms and Conditions.
Article 4 – The Offer
If an offer is subject to a limited period of validity or specific conditions, this will be clearly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer.
Underform sells men’s essentials and performance basics, including, but not limited to, sweat-protective undershirts and related clothing products.
If Underform uses images, these are intended to provide a truthful representation of the products offered. However, Underform cannot guarantee that the colours displayed on the consumer’s screen will exactly match the actual colours of the products.
Obvious mistakes or obvious errors in the offer do not bind Underform.
All images, specifications and information in the offer are indicative and may not give rise to compensation or cancellation of the contract, unless the product is materially different from what was advertised.
Each offer contains sufficient information to make clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:
The price of the product, including applicable taxes where required.
Any shipping costs.
The method by which the contract will be concluded and the actions required to do so.
Whether the right of withdrawal applies.
The method of payment, delivery and performance of the contract.
The period for accepting the offer, where applicable.
The way in which the consumer can check and correct the information provided before completing the order.
The available sizes, colours, materials and other relevant product specifications, where applicable.
Article 5 – The Contract
The contract is concluded at the moment the consumer accepts the offer and fulfils the conditions attached to the offer.
If the consumer has accepted the offer electronically, Underform will confirm receipt of acceptance of the offer electronically without undue delay. Until receipt of this acceptance has been confirmed by Underform, the consumer may cancel the order.
If the contract is concluded electronically, Underform will take appropriate technical and organisational measures to protect the electronic transfer of data and will ensure a secure online environment. If the consumer can pay electronically, Underform will observe appropriate security measures.
Underform may, within the limits of the law, verify whether the consumer can fulfil their payment obligations, as well as all facts and factors that are relevant to responsibly entering into the distance contract. If Underform has valid reasons not to enter into the contract, Underform is entitled to refuse an order or request, or to attach special conditions to the fulfilment of the order.
Underform will provide the consumer with the following information, in writing or in such a way that the consumer can store it on a durable medium:
The contact details where the consumer can submit complaints.
The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded.
Information about warranties and after-sales service.
The price, delivery details and other relevant order information, unless this information has already been provided to the consumer before the contract was concluded.
Each contract is entered into subject to sufficient availability of the products concerned.
Article 6 – Returns and Withdrawal
When purchasing products from Underform, the consumer has the right to cancel the contract without giving any reason within 14 days of receiving the product.
The cooling-off period begins on the day after the consumer, or a third party designated by the consumer, receives the product.
If the consumer wishes to exercise the right of withdrawal, the consumer must notify Underform within 14 days of receiving the product. The consumer can do this by sending an email to support@underform.co.uk.
After notifying Underform of the decision to withdraw, the consumer must return the product within 14 days.
The consumer must be able to prove that the returned products were sent back on time, for example by providing proof of postage.
Returned products must be unused, unworn, unwashed, undamaged and, where reasonably possible, returned in the original packaging with all labels and tags attached.
For hygiene reasons, Underform reserves the right to refuse returns of underwear, undershirts and other hygiene-sensitive garments if the seal has been broken, the product has been worn, washed, damaged, stained, altered or is otherwise no longer suitable for resale, unless the product is faulty or not as described.
If the consumer does not notify Underform within the applicable 14-day period that they wish to exercise the right of withdrawal, the sale becomes final, except where statutory rights apply in relation to faulty or misdescribed goods.
Article 7 – Costs in the Event of Withdrawal
If the consumer exercises the right of withdrawal, the direct cost of returning the product shall be borne by the consumer, unless otherwise stated by Underform or required by law.
The consumer is responsible for ensuring that the product is returned safely. Underform recommends using a tracked delivery service and retaining proof of postage.
If the consumer has paid for the order, Underform will refund the amount paid for the returned product as soon as possible and no later than 14 days after receiving the returned product or receiving proof that the product has been returned, whichever occurs first.
Underform may withhold the refund until the product has been received back or until the consumer has supplied evidence of having sent back the product.
Refunds will be made using the same payment method used by the consumer for the original transaction, unless expressly agreed otherwise.
Original shipping costs may be refunded only where required by law. Additional costs resulting from the consumer choosing a delivery method other than the least expensive standard delivery offered by Underform will not be refunded.
Article 8 – Exclusion of the Right of Withdrawal
Underform may exclude the consumer’s right of withdrawal for certain products, but only if this has been clearly stated in the offer or before the contract is concluded.
The right of withdrawal may be excluded for products:
That have been made to the consumer’s specifications.
That are clearly personalised.
That cannot be returned due to their nature.
That are liable to deteriorate or expire rapidly.
That are sealed for health protection or hygiene reasons and have been unsealed after delivery.
That have been worn, washed, damaged, altered or used in a way that goes beyond what is necessary to inspect the product.
For Underform products, this may include undershirts, underwear and similar hygiene-sensitive garments where the seal has been broken or the product has been worn, washed or is no longer in a hygienic and resalable condition.
This exclusion does not affect the consumer’s statutory rights if the product is faulty, damaged, defective or not as described.
Article 9 – The Price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in tax rates, duties, shipping costs or other legal requirements.
Prices shown on the website are displayed in British pounds sterling, unless stated otherwise.
Underform reserves the right to change prices at any time. Price changes do not affect orders that have already been accepted by Underform.
All prices are subject to obvious errors, typographical errors and system errors. Underform is not bound by obvious pricing errors. In the event of an obvious error, Underform is not obliged to deliver the product at the incorrect price.
Discount codes, promotional offers and sale prices may be subject to additional conditions and may be changed or withdrawn at any time.
Article 10 – Conformity and Warranty
Underform warrants that the products comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and usability, and the legal provisions and regulations in force at the time the contract is concluded.
A warranty provided by Underform, the manufacturer or importer does not affect the statutory rights and claims that the consumer may have under the contract.
Any defects, damaged items or incorrectly delivered products must be reported to Underform as soon as possible after discovery by emailing support@underform.co.uk.
The consumer should provide a clear description of the issue and, where possible, include photos of the product, packaging and order details.
If a product is faulty, damaged or not as described, Underform will assess the issue and, where appropriate, offer a suitable solution such as repair, replacement or refund in accordance with applicable consumer law.
The warranty does not apply if:
The consumer has repaired, modified or altered the product themselves or through a third party.
The product has been exposed to abnormal conditions.
The product has been handled carelessly or contrary to the instructions provided by Underform.
The defect is wholly or partly the result of normal wear and tear.
The defect is caused by incorrect washing, drying, ironing, storage or use.
The product has been damaged intentionally or negligently by the consumer.
Article 11 – Delivery and Fulfilment
Underform will take the greatest possible care when receiving and fulfilling orders.
Orders will be delivered to the address provided by the consumer during checkout. The consumer is responsible for ensuring that the delivery details are correct and complete.
Underform aims to process and dispatch accepted orders as quickly as possible. Unless otherwise agreed, orders will be fulfilled within 30 days.
Delivery within the United Kingdom may be carried out by Royal Mail or another suitable courier selected by Underform.
If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed as soon as reasonably possible.
If delivery cannot take place within 30 days, the consumer has the right to cancel the contract free of charge, unless a longer delivery period has been agreed.
In the event of cancellation in accordance with the previous clause, Underform will refund the amount paid by the consumer as soon as possible and no later than 14 days after cancellation.
If delivery of an ordered product proves impossible, Underform may offer a replacement product. The consumer will be clearly informed if a replacement product is offered. The consumer is not obliged to accept a replacement product.
The risk of damage to and/or loss of products rests with Underform until the moment the product is delivered to the consumer or to a third party designated by the consumer, unless expressly agreed otherwise.
Article 12 – Ongoing Transactions, Subscriptions and Duration
Underform primarily sells physical products on a one-off purchase basis.
If Underform offers subscriptions, memberships or recurring delivery services in the future, the specific conditions of that subscription or service will be clearly communicated before the consumer enters into the agreement.
A consumer may terminate an agreement entered into for an indefinite period in accordance with the agreed cancellation rules and with a notice period of no more than one month, unless a different rule is permitted by law.
A fixed-term agreement will not be automatically renewed for a further fixed term unless this has been clearly agreed and is permitted by law.
If an agreement has a duration of more than one year, the consumer may terminate the agreement after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid at the time of placing the order.
Underform accepts the payment methods displayed at checkout.
The consumer has a duty to immediately report any inaccuracies in payment details provided or stated.
If the consumer fails to meet their payment obligations, Underform may, subject to legal limitations, charge reasonable costs that have been communicated to the consumer in advance.
Underform reserves the right to refuse or cancel an order if payment is not received, if payment is reversed, or if fraud or unauthorised use of a payment method is suspected.
Article 14 – Complaints Procedure
Complaints about the performance of the contract must be submitted to Underform within a reasonable time after the consumer has discovered the issue.
Complaints must be described fully and clearly and sent by email to support@underform.co.uk.
Underform will respond to complaints within 14 days of receipt.
If a complaint requires a foreseeably longer processing time, Underform will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If a complaint is found to be justified, Underform will, at its discretion and where appropriate, repair, replace or refund the product in accordance with applicable consumer law.
A complaint does not suspend the consumer’s obligations, unless Underform confirms otherwise in writing.
Article 15 – Liability
Underform is not liable for any indirect damage, including but not limited to loss of profit, loss of revenue, loss of data, loss of goodwill or other consequential loss, except where liability cannot be excluded by law.
Underform’s total liability for any claim arising out of or in connection with a contract shall, to the extent permitted by law, be limited to the amount paid by the consumer for the product concerned.
Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability that cannot be excluded or limited under applicable law.
Article 16 – Personal Data
Underform processes personal data in accordance with its Privacy Policy.
By using the website and placing an order, the consumer acknowledges that Underform may process personal data for the purpose of fulfilling the order, providing customer service, processing payments, arranging delivery and complying with legal obligations.
Article 17 – Intellectual Property
All content on the Underform website, including but not limited to text, images, product descriptions, graphics, logos, icons, videos, design elements and branding, is owned by or licensed to Underform and is protected by intellectual property laws.
The consumer may not copy, reproduce, distribute, modify, publish, sell or exploit any part of the website or its content without prior written permission from Underform.
Article 18 – Force Majeure
Underform shall not be liable for any failure or delay in performing its obligations where such failure or delay is caused by circumstances beyond its reasonable control.
Such circumstances may include, but are not limited to, strikes, transport disruptions, courier delays, supplier issues, natural disasters, pandemics, government measures, technical failures, cyber incidents or other events outside Underform’s control.
Article 19 – Governing Law and Disputes
These Terms and Conditions and any contracts between Underform and the consumer shall be governed by the laws of England and Wales, unless mandatory consumer protection laws provide otherwise.
If a dispute arises, the consumer should first contact Underform by emailing support@underform.co.uk so that both parties can try to resolve the matter amicably.
Nothing in these Terms and Conditions affects the consumer’s statutory rights.
Article 20 – Contact Information
Questions about these Terms and Conditions, returns, complaints or orders can be sent to:
Underform
Email: support@underform.co.uk
Country of operation: United Kingdom
Courier: Royal Mail or another suitable courier selected by Underform