PRIVACY POLICY

 

This privacy policy applies between you, the User of this Website and Zodiac Leotards, the owner and provider of this Website. Zodiac Leotards takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

Please read this privacy policy carefully.

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Definitions and interpretation

In this privacy policy, the following definitions are used:

• Data: collectively all information that you submit to Zodiac Leotards via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;

Data Protection Laws

• any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;

GDPR

• the General Data Protection Regulation (EU) 2016/679;

Zodiac Leotards (herein also referred to also as "we", "us", "our")

• Zodiac Leotards of 96 Hazen Road, Kings Hill, West Malling, Kent ME19 4DF;  

User or you

• any third party that accesses the Website and is not either (i) employed by Zodiac Leotards and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Zodiac Leotards and accessing the Website in connection with the provision of such services; and

Website

• the website that you are currently using, zodiac-leotards.co.uk, and any sub-domains of this site unless expressly excluded by their own terms and conditions

In this privacy policy, unless the context requires a different interpretation:

• the singular includes the plural and vice versa;

• references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;

• a reference to a person includes firms, companies, government entities, trusts and partnerships;

• "including" is understood to mean "including without limitation";

• reference to any statutory provision includes any modification or amendment of it;

• the headings and sub-headings do not form part of this privacy policy.

 

Scope of this privacy policy

This privacy policy applies only to the actions of Zodiac Leotards and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

For purposes of the applicable Data Protection Laws, Zodiac Leotards is the "data controller". This means that Zodiac Leotards determines the purposes for which, and the manner in which, your Data is processed.

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Data collected

We may collect the following Data, which includes personal Data, from you:

1. name;

2. contact Information such as email addresses and telephone numbers;

3. payment information, such as card numbers.

in each case, in accordance with this privacy policy.

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How we collect Data

We collect Data in the following ways:

1. data is given to us by you  ; and

2. data is collected automatically.

 

Data that is given to us by you

Zodiac Leotards will collect your Data in a number of ways, for example:

1. when you contact us through the Website, by telephone, post, e-mail or through any other means;

2. when you make payments to us, through this Website or otherwise; in each case, in accordance with this privacy policy.

 

Data that is collected automatically

To the extent that you access the Website, we will collect your Data automatically, for example:

we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.

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Our use of Data

Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:

1. to send orders to customers;

2. to communicate with our customers

in each case, in accordance with this privacy policy.

We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).

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Who we share Data with

11. We may share your Data with the following groups of people for the following reasons:

• third party payment providers who process payments made over the Website - to enable third party payment providers to process user payments and refunds; in each case, in accordance with this privacy policy.

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Keeping Data secure

We will use technical and organisational measures to safeguard your Data, for example:

1. access to your account is controlled by a password and a user name that is unique to you.

2. we store your Data on secure servers.

 

Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: zodiacleotards@mail.com.

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If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

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Data retention

Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.

16. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

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Your rights

You have the following rights in relation to your Data:

1. Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.

2. Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.

3. Right to erase - the right to request that we delete or remove your Data from our systems.

4. Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.

5. Right to data portability - the right to request that we move, copy or transfer your Data.

6. Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.

 

To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: zodiacleotards@mail.com.

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If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.

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It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.

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Links to other websites

This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

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Changes of business ownership and control

Zodiac Leotards may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Zodiac Leotards. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

1. We may also disclose Data to a prospective purchaser of our business or any part of it.

2. In the above instances, we will take steps with the aim of ensuring your privacy is protected.

 

General

1. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

2. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

3. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

4. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

5. Changes to this privacy policy

6. Zodiac Leotards reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.  

 
You may contact Zodiac Leotards by email at zodiacleotardsmail.com.

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TERMS OF SALE

 

Interpretation
In these Conditions:

1. “Buyer” means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.

2. “Goods” means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions and any goods supplied in substitution for or in replacement of or in addition to such goods. “Seller” means Zodiac Leotards.

3. “Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.

4. “Contract” means the contract for the purchase and sale of the Goods.

5. “Writing” includes letter, cable, facsimile transmission, email and comparable means of communication.

6. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. The headings in these Conditions are for convenience only and shall not affect their interpretation.

Basis of the sale

1. The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.

2. No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.

3. The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract, the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations that are not so confirmed.

4. Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.

5. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller

Orders and specifications

1. No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed by the Seller’s authorised representative.

2. The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.

3. The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer)or the Buyer’s order (if accepted by the Seller).

4. If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer the Buyer shall indemnify the Seller against all loss damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim of infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specification.

5. The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.

6. No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and the Buyer shall indemnify the Seller in full against all loss (including loss of profit) costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of any cancellation. However, from the date of the order, a 14 day cooling off period will be allowed during which cancellations or reducing the order will be accepted by the seller without penalty. Without prejudice to the generality of the foregoing, should the Buyer purport without the agreement in Writing of the Seller to cancel any order which has been accepted by the Seller or refuse to accept delivery of any of the Goods such action shall constitute a breach of the agreement and, at the option of the Seller, the Seller shall be entitled to require the Buyer to pay to the Seller by way of liquidated damages an amount equivalent to 50% of the invoice value of the order so purported to be cancelled or 50% of the invoice value of the Goods delivery of which is so refused (as the case may be). In the event of the Seller so requiring the Buyer shall pay such amount to the Seller (without any deduction) within 7 days of receiving from the Seller written notification of the amount required to be paid. The Seller and the Buyer hereby agree that such amount represents a genuine pre-estimate of the monetary value of the loss and damage likely to be suffered by the Seller as a result of such breach of agreement on the part of the Buyer. For the avoidance of doubt, in the event that the Seller opts to require the Buyer to pay liquidated damages as set out above, and the Buyer duly pays such liquidated damages, neither party shall have any further liability to the other in relation to the Goods in respect of which such liquidated damages are paid.

Price of the goods

1. The price of the Goods shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s published price list current at the date of acceptance of the order. Where the Goods are supplied for export from the United Kingdom, the Seller’s published export price list relating to the country of destination shall apply. All prices quoted are valid for 30 days only or such lesser period as shall be stated by the Seller on the face of the relevant quotation or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.

2. The Seller reserves the right by giving notice to the Buyer at any time before delivery to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture)or to any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.

3. Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller are exclusive of carriage charges.

4. The price is exclusive of any applicable value added tax that the Buyer shall be additionally liable to pay to the Seller

Terms of payment

1. Subject to any special terms agreed in Writing between the Buyer and the Seller the Seller shall be entitled to invoice the Buyer for the price of the Goods at any time before or after delivery of the Goods.

2. All Invoices are payable net by credit card or on a pro-forma basis, unless credit facilities have been approved, in which case Invoices are payable net by the end of the month following the date of the invoice. The Buyer shall pay all invoices without any other deductions notwithstanding that delivery may not have taken place and the property in the Goods has not been passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.

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If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to.

1. cancel the contract or suspend any further deliveries to the Buyer;

2. appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer) and

3. charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 4 per cent per annum above HSBC base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

4. In the event that the Seller shall cancel the contract under the provisions of Clause 1 above the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of such cancellation. Without prejudice to the generality of the foregoing, at the option of the Seller, the Seller shall be entitled to require the Buyer to pay to the Seller by way of liquidated damages an amount equivalent to 50% of the invoice value of the contract so cancelled. In the event of the Seller so requiring, the Buyer shall pay such amount to the Seller (without any deduction) within seven days of receiving from the Seller written notification of the amount required to be paid. The Seller and the Buyer hereby agree that such amount represents a genuine pre-estimate of the monetary value of the loss and damage likely to be suffered by the Seller as a result of such cancellation.
    

Delivery

1. Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.

2. Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer. The Seller shall be entitled to make part delivery of the Goods at any time.

3. Where the Goods are delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

4. If the Seller fails to deliver the Goods for any reason, other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.

5. If the Buyer fails to take delivery of the Goods or fails to give adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:

• store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or

• sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.

 

Risk and property
Risk of damage to or loss of the Goods shall pass to the Buyer:

1. in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection: or

2. in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivered of the Goods

3. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and payment in full of all sums due from the Buyer to the Seller whether under the Contract or by virtue of any other liability of the Buyer to the Seller.

4. Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for such part of the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, as is equivalent to the invoice value of the Goods and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured

5. Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.

6. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) become due and payable.

7. For the avoidance of doubt, nothing contained in this Clause shall entitle the Buyer to return any of the Goods to the Seller save as expressly provided in these terms and conditions or as expressly agreed in writing between the Seller and the Buyer.

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Our Returns Policy 

As small family-run business, we pride ourselves on our after-sales service, and would far rather have the opportunity to resolve any problems in a friendly and professional manner. We know that gymnasts differ in build, and different leotard brands are cut differently, and are happy to assist you to find the best possible Zodiac leotard for your gymnast.

 

If for whatever reason you are not completely happy with your purchase, please return it to us in saleable condition with tags attached within 28 days of receipt. Please take care when trying on garments, and handle and repackage the items with care.

 

* Personalised garments and club orders cannot be exchanged unless faulty, so please ensure you order the correct size, colour, design, and particularly name spelling before proceeding with your purchase.

* Refunds will be credited to your original method of payment.

 

In addition to this returns policy, under the UK’s distance selling regulations, you have the right to cancel the purchase contract within 7 days. This does not affect a customer's statutory rights or the right to return faulty goods. ​

 

How do I return a product?

All products must be returned in the original condition and in its original packaging. For hygiene reasons we do not offer refunds on products that have been worn or if they have come into contact with cosmetic products, smell of smoke or have pet hairs on them unless they are of unsatisfactory quality or unfit for purpose. If an exchange is requested, we generally request that you cover the cost of returning the original item and we cover the cost of sending out the replacement item, as in this way the cost is shared. (Items which have been wrongly sent by us will not incur this charge) ​

 

Return Address:

 Zodiac Leotards Returns

96 Hazen Road

Kings Hill

Kent

ME19 4DF 

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Return Information

If for whatever reason you are not completely happy with your purchase, please return it to us in saleable condition within 28 days of receipt.

• **Personalised garments and special designs cannot be exchanged unless faulty, so please ensure you order the correct size before proceeding with your purchase.**

• We cannot be responsible for general wear and tear, for instance – some fabrics can show signs of pilling if they come into contact with velcro or any other rough surface, similarly crystals very occasionally fall off. ​

• Zodiac Leotards are not responsible for and do not cover returns postage. We recommend you obtain proof of postage when sending all items back to us, as unfortunately we cannot be held responsible for any items which do not arrive. We accept no responsibility for returns which are lost or damaged in the post. We will reimburse a Standard Second Class postal fee for items returned due to manufacturing faults. ​

• We aim to process all returns and exchanges within 7 days unless a replacement needs to be manufactured, which can take up to 3 weeks.

• You will be issued with an email confirming the refund. Refunds will be credited to your original method of payment. We do not refund the original shipping fees, unless the order was posted out in error on our part.

• Manufacturing Faults: In the rare occasion that one of our products develops a manufacturing fault within 28 days from purchase, we ask that you email us with your order number, date of purchase, and preferably a photo, so that we can assess the issue quickly and fairly. Following this, one of our team will be in touch and advise you of the next steps.

 

 *Important* If you are asked to return any items that have been worn,  for either repair or refund, we kindly ask that you do not return any unwashed items, as we cannot for health and safety reasons, accept soiled goods.

 

Zodiac Leotards are not responsible for general wear and tear. Some fabrics may show signs of pilling if they come into contact with velcro or any other rough surface, this can happen due to the nature of sublimated fabrics, and the back and bottom area can be particularly prone to this. Similarly, occasionally a diamante may fall off a leotard if the glue has been compromised, especially if the leotard is too small or has been incorrectly laundered. Some repairs may be subject to a small charge. This is not covered by our guarantee as the use of the garment is outside of our control. Please be sure to check out our washing instructions / sizing guides prior to any purchase, as these can be subject to change.

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STATUTORY RIGHTS STATEMENT

All of our products and services are subject to the stated terms. However this is in addition to - and not in contravention of - your statutory rights, which are unaffected.