Definition of a Consumer – You are a consumer if you use or buy goods for personal use (not business use)
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 ("our site") to you. Please read these terms and conditions carefully before ordering any Products from out 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
1.1 Track & Field Sports Ltd, a company registered in England and Wales under company number 05451635 and with our registered office at:
32 Brenkley Way, Blezard Business Park, Seaton Burn, Newcastle upon Tyne, NE13 6DS
2. YOUR STATUS
By placing an order through our site, you warrant that:
2.1 you are legally capable of entering into binding contracts;
2.2 you are at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 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 by sending to you an email that confirms that payment has been made and the order acceptance ("Acceptance Email"). The contract between us ("Contract") will only be formed when we send you the Acceptance Email.
4. DESCRIPTION AND PRICE
4.1 The description and price of the goods you order will be as identified on our website at the time you place your order.
4.2 VAT (or other applicable sales tax from time to time) will be added when you place your order and will be clearly shown on your order breakdown before you purchase.
4.3 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available we will inform you as soon as possible after and refund or recredit you for any sum that has been paid by you or debited from your credit card for the goods.
4.4 Every effort is made to ensure that prices shown on our website are accurate at the time you place your order. If an error is found we will inform you as soon as possible and offer you the option of either reconfirming your order at the correct price or cancelling your order. If we do not receive an order confirmation within 14 days of informing you of the error we will automatically cancel your order. If you cancel the order or if the order is cancelled automatically due to the expiry of the 14 day period we will refund you or recredit you for any sum that has been paid by you or debited from your credit card for the goods.
4.5 In addition to the price shown and added VAT costs, you may be required to pay a delivery charge for the goods. Delivery charges can be found on our Delivery Information page which can be accessed through the link on our home page and will be clearly shown on your order breakdown before you purchase.
4.6 Prices are subject to change but changes will not affect orders in respect of which we have already sent to you an Acceptance Email.
5.1 Payment for the goods and delivery charges can be made by any method shown on our website at the time you place your order.
5.2 Payment shall be due at the time of placing your order and no order shall be accepted unless payment has been made. If payment is rejected or withdrawn after we have sent you an Acceptance Email then this shall be considered a fundamental breach of this agreement which shall entitle us to terminate the contract immediately.
5.3 Your order will not be despatched until we have received clear funds of payment.
5.4 You may only set off money you claimed from us against money you owe to us with our written agreement and on such terms that we may state.
6.1 The goods you order will be delivered to the address you give when you place your order, provided that, we reserve the right to refuse delivery to any destination outside the United Kingdom.
6.2 Orders placed online before noon on a working day (being a day other than the weekend and a bank holiday or public holiday) will be processed that day and will be delivered as per the stated delivery estimate provided no additional security checks are required, all items are available and payment has been received.
6.3 If delivery cannot be made to your address for any reason outside our control we will inform you as soon as possible.
6.4 If you deliberately fail to take delivery of the goods then, without prejudice to any other right or remedy available to us, we may:
6.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
6.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
6.5 Every effort will be made to deliver the goods as soon as possible after your order has been accepted, however, we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case we will inform you as soon as possible.
6.6 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign the parcel as unchecked.
6.7 Failure to do so may affect any warranty claims that you make thereafter.
6.8 In the case of faulty or misdescribed goods we shall, after receiving written notification in accordance with condition 10.4 either collect the goods from you or ask you to return the goods yourself and refund you the reasonable postage costs.
6.9 Once you have notified to us that you are cancelling the contract we will refund or recredit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
6.10 Except in the case of faulty or misdescribed goods, if you do not return the goods as required we may charge you a sum not exceeding the direct cost of recovering the goods.
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 pass to you on delivery provided that we have received payment in full.
8. CANCELLATION RIGHTS
8.1 If you are contracting as a consumer, you may cancel a Contract at any time within the 14 working days following 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 condition 9 below).
8.2 To cancel a Contract, you must inform us in writing (giving the details of the Products to be returned and where appropriate, their delivery). You must thenreturn the Products to us within 14 days of informing us to the address supplied. In the same condition in which you received them, and except in the case of faulty or misdescribed goods, at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession and/or control. If you fail to comply with this obligation, we may have a right of action against you for compensation.
9. OUR REFUNDS POLICY
9.1 If you return a Product to us:
9.1.1 because you have cancelled the Contract between us within the 14 day cooling-off period (see condition 8 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, as mentioned in condition 8.2 you will be responsible for the cost of returning the item to us;
9.1.2 for any other reason (for instance, because you have notified us in accordance with condition 21.2 that you do not agree to a change in these terms and conditions or in any of our policies, or because you have notified us in accordance with condition 10.4 that you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via email within a reasonable period of time.
9.2 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 email that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
10.1 We warrant that the goods:
10.1.1 comply with their description on the Acceptance Email; and
10.1.2 are free from material defect at the time of delivery (as long as you comply with condition 10.4).
10.2 The warranty in condition 10.1 is in addition to your statutory rights.
10.3 We give no other warranty (and excludes any warranty terms or conditions that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
10.4 If you believe that we have delivered goods which are defective in materials and workmanship then you must:
10.4.1 inform us (in writing) with full details within 10 days of delivery; and
10.4.2 allow us to investigate.
10.5 If the goods are found to be defective in material or workmanship (following our investigations) and you have complied with the conditions in condition 10.4 in full we will (at our option) repair, refund or replace the goods.
10.6 Our warranty does not extend to, nor can we accept liability in respect of, any defect arising from fair wear and tear, wilful damage, abnormal work conditions, failure to follow the instructions, or the misuse, alteration or repair of the goods without our prior written approval.
10.7 Product images are for illustrative purposes only and may differ from the actual Products. We reserve the right to change the specification of the goods at any time without notice to you. However, the specification of goods delivered shall not be materially different from that of the goods ordered.
11. OUR LIABILITY
11.1 Subject to condition 11.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to condition 11.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
11.2 Subject to condition 11.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
11.2.1 loss of income or revenue;
11.2.2 loss of business;
11.2.3 loss of profits;
11.2.4 loss of anticipated savings;
11.2.5 loss of data; or
11.2.6 waste of management or office time.
However, this condition 11.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by this condition 11.2.
11.3 Nothing in this agreement excludes of limits our liability for:
11.3.1 death or personal injury caused by our negligence;
11.3.2 fraud or fraudulent misrepresentation;
11.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
11.3.4 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11.4 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that the Products you purchased from any third party sellers through our site, or from companies to whose website we have provided a link to our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against a third party seller. We will notify you when a third party is involved in a transaction and we may disclose your customer information relating to that transaction to the third party seller.
12. DATA PROTECTION
12.1 Where you have provided us with your personal data we confirm that the data will be held securely in confidence and processed for the purposes of carrying out our business and associated activities.
12.2 We will take all reasonable precautions to keep the details of your order and payment secure but unless we are negligent we will not be liable for any unauthorised access to information supplied by you.
13. PROMOTIONS AND GIFT VOUCHERS
13.1 We may offer, sell or issue gift vouchers from time to time, which relate to any one, some or all of the trading divisions of Track and Field Sports Limited.
13.2 Gift vouchers are redeemable through the website stated on them towards the purchase of products listed on that website. They cannot be redeemed at any other website or retail outlet.
13.3 A gift voucher cannot be used to pay for another gift voucher.
13.4 A gift voucher has a cash redemption value of 0.001p and is not transferable or assignable.
13.5 There is no refund if the order value is less than the amount of the gift voucher; ie the unused balance will NOT be refunded.
13.6 If the order value exceeds the amount of the gift voucher, the balance must be paid by credit or debit card.
13.7 Gift vouchers expire one year from the date of issue.
13.8 Gift vouchers cannot be applied to retrospective orders; ie previous orders placed through the relevant website will NOT be refunded to the value of the gift voucher.
13.9 These terms and conditions apply to any purchase paid for using gift vouchers.
13.10 We may make promotional offers and/or discounts ("Promotions") from time to time, which relate to Track & Field Sports Limited.
13.11 Such Promotions will relate to the products stated in them or, if no products are specified, to all products of the trading division to which the Promotions relates, with the exception of gift vouchers which will be sold only at full price.
13.12 Closing dates for use of Promotions will be displayed within the information relating to the Promotion, which can be found on our website and these dates will be adhered to.
13.13 Only one Promotion may be used at a time and cannot be used in conjunction with any other offer or promotion.
13.14 Each Promotion may only be used once by each customer.
13.15 These terms and conditions apply to any purchase using a Promotion.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we sent 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 email 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.
All notices given by you to us must be given to Track & Field Sports Ltd, PO Box 1124, Newcastle upon Tyne, NE99 2XN. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in condition 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
16.2 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.
16.3 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.
17. EVENTS OUTSIDE OUR CONTROL
17.1 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 cause by events outside our reasonable control ("Force Majeure Event").
17.2 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:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 the acts, decrees, legislation, regulations or restrictions of any government.
17.3 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.
18.1 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 will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 15 above.
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.
20. ENTIRE AGREEMENT
20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20.4 Nothing in this condition limits or excludes any liability for fraud.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these terms and conditions from time to time.
21.2 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 to Acceptance Email (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).
22. 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) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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