ACE Feet in Motion :: Terms and Conditions

Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.feetinmotion.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

1. INFORMATION ABOUT US

www.feetinmotion.co.uk is a site operated by Ace Orthotics Limited (we). We are a limited company registered in England and Wales under company number 04088974 and with our registered office at Sanatorium Road, Canton, Cardiff CF11 8DG, which is also our main trading address. Our VAT number is 762544913.

2. SERVICE AVAILABILITY

Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside the United Kingdom.

3. YOUR STATUS

By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are a resident in the United Kingdom.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. 

4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

5. CONSUMER RIGHTS

5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below). 

5.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this 

obligation, we may have a right of action against you for compensation. This provision does not affect your statutory rights.

6. AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

7. RISK AND TITLE

7.1 The Products will be at your risk from the time of delivery.

7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8. PRICE AND PAYMENT

8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. 

8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due. 

8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. 

8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

8.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, Mastercard, Maestro, Electron and Solo. We will not charge your credit or debit card until we despatch your order.

9. OUR REFUNDS POLICY

9.1 When you return a Product to us:

(a) Thank you for shopping at Ace Footwear Centre.

If you are not entirely satisfied with your purchase, we're here to help.

Returns
You have 28 calendar days to return an item from the date you received it.
To be eligible for a return, your item must be unused and in the same condition that you received it.
Your item must be in the original packaging.
Your item needs to have the receipt or proof of purchase.

Refunds
Once we receive your item, we will inspect it. If your return is approved, we will initiate a refund to your credit card (or original method of payment).
You will receive the credit within a certain amount of days, depending on your card issuer's policies.

Shipping
You will be responsible for paying for your own shipping costs for returning your item. Shipping
costs are non refundable.
If you receive a refund, the shipping will be deducted from your refund.

Contact Us
If you have any questions on how to return your item to us, contact us.

(b) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund to the original payment method, the price of the Product in full, excluding the cost of sending the item to you. You will also be responsible for the cost of returning the item to us. 

(c) for any other reason (for instance, because you have notified us in accordance with paragraph 18 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and 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 the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. 

10. OUR LIABILITY

10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. 

10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased. 

10.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987; 
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12. NOTICES

All notices given by you to us must be given to Ace Orthotics Limited at Sanatorium Road, Canton, Cardiff CF11 8DG or by email to [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

13. TRANSFER OF RIGHTS AND OBLIGATIONS

13.1 The contract between you and us is binding on you and us and on our respective successors and assigns. 

13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

14. EVENTS OUTSIDE OUR CONTROL

14.1 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 events outside our reasonable control (Force Majeure Event). 

14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.

14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

15. WAIVER

15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.

16. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. ENTIRE AGREEMENT

17.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.

17.2 We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.

17.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.

17.4 Nothing in this clause shall limit or exclude any liability for fraud.

18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

18.1 We have the right to revise and amend these terms and conditions from time to time. 

18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

19. LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Ordering Information

Ordering Advice 
We do not supply a measuring chart as every brand measure differently. Ideally you will already know your size from previous purchases but our experienced sales team are on hand to answer product advice and queries.

Please call 029 2037 0672 or 
Email [email protected] 
Monday - Friday 9am - 5pm. Saturday 9am - 4.30pm

Ordering is Simple 
Once you have placed an order via our website, you will receive a confirmation email of your purchase and your method of payment will be debited immediately.  
Our internet payment system is a safe way to pay for items on-line. If you would prefer to use a different method, call our ORDER HOTLINE - 029 2037 0672 where our friendly sales team can take your order and payment over the phone.

Delivery 
We will endeavour to process your order as quickly as possible but please allow seven working days for delivery of items that are in stock. Should the item be out of stock we will contact you within three working days to advise you of the expected delivery date. If this is unsuitable we will be more than happy to discuss an alternative with you.
Standard postage and packaging will be charged at £4.99 per package up to 20kg.    

VAT Relief 
Under the VAT Act 1994 certain items on this website are eligible for VAT relief for those who are registered disabled or have a long term diagnosed chronic illness. If you are unsure as to whether you are eligible to receive zero rated VAT then you should consult Notice 701/7 VAT relief for disabled people or contact the National Advise Service on 0845 010 9000. Where this applies on an item, a drop down menu will appear which reads ‘VAT Relief,’’ when you input the width. To qualify, you must click ‘Eligible.’ The shopping cart will then send you through to ‘Cart View’ which will show the deduction. Once you go through to checkout, you will be required to fill-in the VAT declaration stating your condition and agreeing to the terms and conditions. 

NB: It is an offence, carrying penalties, for those making false declarations

Returns Policy 
If you change your mind about your purchase, please return the item/s with the completed returns form provided within 28 days from receipt of the item/s. Telephone 029 2037 0672 to obtain a returns reference. We do not accept returns that have been worn outside or are soiled in anyway unless there is a manufacturing fault where the 28 day period maybe exceeded. Once the return is received we will endeavor to refund all monies within 30 days to the original payment method. We will refund the price of the product in full, excluding the cost of sending the item to you (£4.99). However, you will be responsible for the cost of returning the item to us.

Returns Policy for Sports Footwear Section Only 
The sports section at Ace Footwear Centre is closing down, therefore we will no longer accept returns on all items purchased in the trainer sale.

Cancellation Rights 
Customers have the right to cancel an order within 7 days of placing it under the distance selling regulations 2000. Item/s received prior or subsequently to a cancellation must be returned in accordance with our returns policy above.

Privacy policy

Ace Orthotics Limited ("We") are committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Ace Orthotics Limited of Sanatorium Road, Canton, Cardiff CF11 8DG.

INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:

  • Information that you provide by filling in forms on our site  www.feetinmotion.co.uk (our site). This includes information provided at the time of ordering goods from our site. We may also ask you for information when you report a problem with our site.
  • If you contact us, we may keep a record of that correspondence.
  • We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
  • Details of transactions you carry out through our site and of the fulfilment of your orders.
  • Details of your visits to our site and the resources that you access.

IP ADDRESSES AND COOKIES
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

  • To estimate our audience size and usage pattern.
  • To store information about your preferences, and so allow us to customise our site according to your individual interests.
  • To speed up your searches.
  • To recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

WHERE WE STORE YOUR PERSONAL DATA
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

USES MADE OF THE INFORMATION
We use information held about you in the following ways:

  • To ensure that content from our site is presented in the most effective manner for you and for your computer.
  • To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To notify you about changes to our service.

We may also use your data to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.

DISCLOSURE OF YOUR INFORMATION 
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If  Ace Orthotics Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of supply and other agreements; or to protect the rights, property, or safety of Ace Orthotics Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

YOUR RIGHTS
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Sanatorium Road, Canton, Cardiff CF11 8DG or by email to [email protected]
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

CONTACT
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to Sanatorium Road, Canton, Cardiff CF11 8DG or by email to [email protected]