Website Terms of Supply
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 8 August 2014.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 First Position is a trading style of International Dance Supplies Ltd (IDS) a company registered in England with registered number 05452207. Our trading address and registered office is at Harlequin House, Forde Court, Newton Abbot, Devon, TQ12 4BT United Kingdom. IDS are a long-established supplier of dancewear and accessories to UK and International customers. We are one of the world’s largest suppliers to dance teachers and dance schools; and through this First Position website (www.firstposition.com) we also supply the students of our dance teachers and schools directly. We are approved suppliers to a number of recognised dance and examining bodies in different countries and manufacture clothing for certain bodies under licence.
1.2 Contacting us:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the contact form on our website. You can also e-mail us at email@example.com or contact our Customer Services team by telephone on 033 0333 0222* or by post to Harlequin House, Forde Court, Newton Abbot, Devon, TQ12 4BT United Kingdom. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 033 0333 0222* or by e-mailing us at firstname.lastname@example.org.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
*Calls to First Position are charged at the UK geographic rate. 03 numbers can be included in inclusive minutes call plans; please check with your phone provider for details. International call charges will apply depending on your location.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. All our products are intended for children aged 3 years or above.
2.2 The packaging of the Products may vary from that shown on images on our site.
3. Use of our site
Your use of our site is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
5. How the contract is formed between you and us
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.2.
5.2 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 10.6, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6. Our right to vary these Terms
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.2 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. Your consumer right of return and refund
7.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2 However, this cancellation right does not apply in the case of:
(a) Products that have been worn;
(b) DVDs and CDs which are unsealed after delivery;
(c) Products that have been personalised for you;
(d) Clearance and sale items must be returned within 14 days;
(e) Hats, wigs, underwear or tights which are unsealed after delivery. This is due to hygiene reasons;
(f) Toiletries which are unsealed after delivery. This is due to hygiene reasons.
(g) Where a product has a hygiene sticker warning that the product cannot be returned once the sticker is removed, a refund or exchange will not be given if the seal is broken except in accordance with legal rights.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single product.
The end date is the end of 28 days after the day on which you receive the Product.
Your Contract is for multiple products which are delivered on separate days.
The end date is 28 days after the day on which you receive the last of the separate products ordered.
7.4 To cancel a Contract, you just need to let us know as set out in clause 1.2 above
7.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer . For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 7.7;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.6 If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. We will refund you on the credit card or debit card used by you to pay. Please wash any faulty worn items before returning them.
7.7 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
(b) unless the Product is faulty or not as described (in this case, see clause 7.6), you will be responsible for the cost of returning the Products to us;
And in each case you can send the Products back by post or contact us for further advice.
7.8 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.1 We will provide an estimated delivery date, when we e-mail you to confirm our confirmation of your order and we will endeavour to meet that date. Occasionally our delivery to you may be affected by an event outside our control. If this happens, and the delay is significant, we will inform you and you will have the right to cancel.
8.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
8.3 You own the Products once we have received payment in full, including all applicable delivery charges.
8.4 If we miss the estimated Delivery date for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
8.5 If you do choose to cancel your Order for late delivery under clause 8.1 or clause 8.4, you can do so for just some of the Products or all of them. . If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
9. International delivery
9.1 We deliver to the countries listed on the website (International Delivery Destinations). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
9.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.3 You will be responsible for payment of any such import duties and taxes and we will not refund them if you cancel. Please contact your local customs office for further information before placing your order.
9.4 If you return Products to us please mark them as "Goods returned to the UK". Any charges arising from a failure to do this will be passed back to you and deducted from any credit.
10. Price of products and delivery charges
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.6 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable for the time being. We are registered for VAT as follows:
UK GB 387114051
Eire IE 9756164D
Italy IT 00128609997
Spain ES N0060817D
Greece EL 998465893
Cyprus CY 99200019T
Portugal PT 980429420
10.4 However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.5 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.
10.6 Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11. How to pay
11.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, MasterCard, Delta, Electron, or Amex. First Position does not accept cheques; no credit accounts are available. We also accept PayPal payments.
11.2 Payment for the Products and all applicable delivery charges is in advance.
12. Manufacturer guarantees
12.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
12.2 If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
13. Our warranty for the Products
13.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 3 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 13.2.
13.2 The warranty in clause 13.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, accident, negligence by you or by any third party;
(c) if you fail to wash the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party;.
13.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
14. Our liability
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. For the avoidance of doubt, we are not responsible for any loss or damage you suffer as a result of not using the Products in line with the manufacturer's recommendations or as a result of using the Products for any purpose which they were not intended to be used for.
14.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
15. Communications between us
15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
16. Other important terms
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 13 to the recipient of the gift without needing to ask our consent.
16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
16.5 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17. Promotional Terms and Conditions
17.0 Please see the Competitions Rules for competition terms.