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DEFINITIONS AND INTERPRETATION
1.1 In these Conditions:
Contract - means any contract for the sale of goods and/or the supply of services between us and you into which these Conditions are incorporated;
Conditions - means the standard terms and conditions of sale set out below, including the Returns Policy, the documents referred to on this page and any special terms and conditions confirmed in writing by us;
Goods - means the goods and/or services which we shall supply in accordance with these Conditions, under an order which is accepted;
we - means Sportsjam Limited, and “us”, “our” and shall be construed accordingly;
you - means the person placing an order for the Goods and entering into the Contract with us and “your” shall be construed accordingly;
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.
1.4 Where our prior written consent is required in these Conditions, we shall not unreasonably withhold or delay in giving that consent.
1.5 All rights expressly reserved by or granted to us by these Conditions shall be without prejudice to any other rights which we may have from time to time.
2.0 BASIS OF SALE
2.1 We intend to rely upon these Conditions in relation to the contract between you and us. If you require any changes, please make sure you ask for these to be put in writing. No variation of these Conditions shall be binding unless agreed in writing by us. You will be subject to the Conditions in place at the time you order the Goods from us, unless such change is required by law or government or regulatory authority (in which case it will apply to any orders you have previously placed). These Conditions apply to all purchases you make from us at any time, regardless of how the order is made.
2.2 All specifications, drawings and particulars of weights, dimensions and performance issued by us are approximate only. The images of the Goods are for illustrative purposes only and whilst we make every effort to display images accurately the Goods may vary slightly from those images.
2.3 We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
2.4 All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible. Please refer to the size guide for clarification.
2.5 We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been mis-published, including prices.
3.0 ORDERS AND SPECIFICATIONS
3.1 Your order represents an offer to purchase the Goods which is accepted by us if and when we issue you with written acceptance of the order (at which point the contract between you and us will be formed). Our acceptance of your order is conditional upon the Goods not being intended for resale. All orders are subject to availability and on a first-come first-served basis as unfortunately we are unable to reserve Goods. We shall refund any payment made by you in the event that we cannot provide the Goods you have ordered. We reserve the right to refuse to accept an order.
3.2 You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions. Our order process allows you to check and amend any error before submitting any order with us. We shall not be liable for all costs and expenses incurred by you due to inaccurate information submitted by you.
4.0 PRICE OF THE GOODS
4.1 The price of the Goods shall be the price confirmed by us at the time the order is placed.
4.2 While we try to ensure that all prices on the site are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled, and will refund your order in full.
4.4 The price is inclusive of any applicable value added tax or other sales tax (at the rate from time to time in force). Any packaging or delivery costs (which you shall be required to pay in addition to the price quoted for the Goods) will be confirmed prior to your order being placed.
5.1 You may use the following methods to pay for your order;
5.2 Payment will be taken in full at the point at which you complete your order on the site.
5.3 A secure third party payment service provider (Sage Pay) will process your payment, and will perform all of the necessary checks related to your payment processing. Please see Sage Pay Security Policy for further information.
5.4 Please note that we will not hold any of your sensitive payment information on file, this will all be handled by Sage Pay in accordance with the details in the Sage Pay Security Policy. The information that we collect relating to your order will be treated in accordance with the Data Protection Act 1998 and will only be used in relation to the administration of your order.
5.5 Please also note that our site, along with the payment processing, operates Secure Sockets Layer (SSL), which is a computing protocol that ensures the security of data sent via the Internet by using encryption (256 bit).
6.1 You shall make all arrangements to take delivery of the Goods when they are prepared for dispatch.
6.2 Standard orders placed on the Site will take up to 10 working days from the point at which you place your order to be prepared for dispatch.
7.0 RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods shall pass to you at the time of delivery or, if you fail to take delivery of the Goods, the time when you have collected the Goods. This means the Goods shall be your responsibility from this point.
8.0 WARRANTIES AND LIABILITY
8.1 For Goods purchased on the Site, we warrant that the Goods are of satisfactory quality, conform with the terms of this contract and are fit for their normally intended purpose in all material respects.
8.2 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, as amended) your legal rights are not affected by these Conditions. Further information on your legal rights can be obtained from Trading Standards or Citizens Advice Bureaux.
8.3 The warranty contained in Clause 8.1 does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval. Please see our Product Care Instruction for your specific product/s for more information on how to care for your products.
8.4 In the unlikely event that the Goods do not conform to these Conditions, please let us know as soon as possible after delivery. We will ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will then either exchange, replace or refund the Goods as per your instructions. Please refer to (13.1) for further information.
8.5 Subject to clause 8.6, if either of us fails to comply with these Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Conditions.
8.6 Nothing in these Conditions excludes or limits in any way our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, defective products under the Consumer Protection Act 1987 or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
9.1 Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of that party’s obligations if the delay or failure is due to an act or cause beyond that party’s reasonable control. If an event outside our reasonable control takes place that affects the performance of our obligations under a Contract:(a) we will contact you as soon as reasonably possible to notify you; and(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event.
9.2 These Conditions do not purport to confer a benefit on any third party.
9.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing or by email addressed to the other party and delivered to the address or email address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.
9.4 Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of any subsequent breach of the same or any other provision.
9.5 Each paragraph of these Conditions operates separately. Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Conditions shall not be affected.
9.6 The Contract and these Conditions shall be governed by the laws of England and Wales, and you agree to submit to the non-exclusive jurisdiction of the English courts.
9.7 All dealings between us in connection with these Conditions and each Contract shall be carried on in the English language.
9.8 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably.
9.9 These Terms and Conditions have been prepared in accordance with the Consumer Contracts Regulations (2013).
10.0 YOUR RIGHT TO CANCEL
10.1 You have the right to cancel an order from the point at which you place your order, and up to 14 days from the point at which you receive your order, without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Good within the relevant order.
10.2 To exercise the right to cancel, you must inform us by post - Maudesport Ltd. | W1/N3 Westpoint, Middlemore Lane West, Walsall, WS9 8DT, by phone on 0845 030 3250, You may also use the below model cancellation form (10.6), but it is not obligatory. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
10.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
10.4 Please note that the right of cancellation does not apply where Goods are specifically made to your specification or personalised at your request.
10.5 Once you have indicated your intention to cancel all or part of your order, we will provide you with further instructions on how to return your cancelled product/s in our Returns Procedure.
10.6 MODEL CANCELLATION FORM;Address: Maudesport Ltd. W1/N3 Westpoint, Middlemore Lane West, Walsall, WS9 8DT
I hereby give notice that I cancel my contract of sale of the following goods: (please list the item/s that you wish to cancel).
Order reference: (which can be found on your delivery note, or any confirmation emails received from the Site)
Ordered on / received on (delete as appropriate):
11.0 EFFECTS OF CANCELLATION
11.1 If you cancel any order, we will reimburse to you all payments received from you, including the costs of delivery. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (for example wear and tear or damage). You are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
11.2 We will make the reimbursement without undue delay, and not later than;(a) 14 days after the day we receive back from you any Goods supplied, or(b) (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the order.
11.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement (other than the cost of returning the goods). We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods.
11.4 You shall send back the Goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the relevant order to us. The deadline is met if you send back the Goods before the period of 14 days has expired.
11.5 You will have to bear the direct cost of returning the Goods, unless the Goods are deemed to be faulty, or that they have been supplied incorrectly.
12.0 MY ACCOUNT & SITE USAGE
12.1 We reserve the right to re-format any address details created by you for the purposes of efficient delivery management and where we reasonably believe the address entered would cause a delay in the delivery of your order
12.2 It is your responsibility to keep your email address and password details safe. Any orders placed using your account details (whether by you or any third party) will be treated as authorised by you and will be processed accordingly.
12.3 We reserve the right to suspend your account with immediate effect should we reasonably believe that you have breached our Terms and Conditions of sale.
12.4 We reserve the right to withdraw or suspend access to all or any part of the site or amend, withdraw or discontinue any of the materials and/or features available on the site at any time, and without prior warning to users.
12.5 Whilst we do take measures to ensure the security of your shopping experience, we do not guarantee that the site will be secure or free from bugs or viruses and we will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect the user’s computer equipment as a result of using this site. We recommend that you use your own virus protection software when accessing the Site.
12.6 Users of this site must not must not misuse the site by knowingly introducing viruses or other material which are technologically harmful or try to access areas of the website that they are not authorised to (i.e. ‘hacking’).
12.7 We may offer links to sites that are not operated by Us. If You visit one of these linked sites You should review its privacy and other policies. We are not responsible for the policies and practices of other companies.
13.0 CUSTOMER SERVICES & COMPLAINTS HANDLING
13.1 In the unlikely event of an error with your order, you must notify us within 48 hours of receipt of the parcel, phone 0845 030 3250, using the Contact Us form, by mail – Maudesport Ltd. | W1/N3 Westpoint, Middlemore Lane West, Walsall, WS9 8DT. Please check the Goods received against those specified on the accompanying packing list, and notify us of the specific discrepancies.
13.2 We ask that you notify us within 14 days of receiving a dispatch notification if your parcel has not arrived. Please do this via phone 0845 030 3250.
13.3 In the event that you have a complaint arising from; non-receipt of an order, your order is not as you expected, error/s with your order, querying a payment or would like to speak to a manager, please notify us via phone on 0845 030 3250