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Terms
& Conditions
All contracts of sale made by Sport & Leisure UK Ltd ("the
Company") shall be deemed to incorporate these Terms and Conditions
which shall prevail over any other document or communication with
the party with whom the Company is dealing ("the Customer").
1. Acceptance
of Orders
All orders submitted on our web site or via any other sales channels
including, but not limited exclusively to eBay, Amazon, Froogle,
Kelkoo etc are acknowledged by email immediately after their submission
and are subject to our express acceptance in a second email which
advises of cleared payment and delivery details. No order placed
by the Customer shall be deemed to be accepted by the Company until
the Company issues this final acceptance email of the order to the
Customer. All orders are fulfilled subject to these terms and conditions
of sale unless otherwise varied by an agreement in writing. It may
not be possible for us to accept orders for certain items for delivery
to certain countries.
2. Carriage,
Postage and Packing
Charges are made for all delivery options except where detailed
otherwise and will be invoiced to customers at the prevailing rate.
By default,
we will offer the lowest possible shipping rate for your destination.
3. Prices
Goods are invoiced at the price shown at the time of acceptance
of an order. Prices shown include VAT which is payable on all goods
or services delivered within the EU.
Every effort
is made to update and keep current the prices shown on our web site.
However the Company reserves the right to modify prices in respect
of orders which have not been accepted. Where a product is pictured
"in situ" on the web site the price quoted includes only
the main product described and not any accessories or accompanying
items shown except where otherwise stated.
4. Delivery
a) Any time or date for delivery stated by the Company shall be
treated as an estimate only. While every effort will be made to
despatch goods within the timescale quoted, no liability can be
accepted by the Company for failure to deliver within the quoted
times or within any specific time period. The Company shall not
be liable for any loss or damage whatsoever (including consequential
loss or loss of profit) arising directly or indirectly from any
delay in the delivery of all or any of the goods howsoever caused.
b) The Company
will accept no liability for shortages or damage to goods unless
the Customer notes the damage at the time of delivery (or where
this is not possible, for orders totaling less than £250 only,
notes "Contents Unseen" on the delivery note or terminal)
and notifies the Company via email within 48 hours of receipt of
the goods.
c) The Customer
shall be bound to accept the goods when they are tendered for delivery
by the Company and delivery shall be deemed to take place when the
goods are tendered for delivery to the Customer at the nominated
address for delivery whereupon the risks of loss, breakage or any
other damage whatsoever shall pass to the Customer.
d) If for any
reason the Customer cannot accept delivery of the goods for more
than 7 days after the product is available for delivery the Company
may either elect to store the goods pending their actual delivery
and the Customer shall be liable to the Company for the costs (including
insurance) of so doing but the Company shall be under no obligation
to insure the goods in storage and the risk of any loss or damage
to the goods howsoever arising shall be borne by the Customer, or
if the period of storage exceeds 60 days may elect to sell the goods
at the best price readily obtainable and (after deducting all reasonable
storage and selling expenses) account to the Customer for the excess
over the price under the contract or charge the Customer for any
shortfall below the price under the contract.
e) Where access
to the delivery address is limited or additional equipment is required
to complete delivery of the goods, additional charges to cover the
full costs of these services plus administrative costs will apply.
f) A re-delivery
charge of the original shipping cost (or £15 whichever is
greater) per instance will be made if a further delivery is necessary
because the Customer is not at home to receive the order, or if
goods must be redelivered for any other reason. Where delivery was
included in the price, this will be chargeable at £15.
g) If an item
is returned to us as the customer failed to contact the couriers,
any refund will be less the original delivery cost or £15,
whichever is greater plus the cost of returning to us which is equal
to the original delivery cost or £15, whichever is greater.
The Company will notify the customer of despatch, after which time
it becomes the customer's responsibility to contact the courier
company whether or not they received a calling card from the courier.
5. Payment terms
If an invoice becomes overdue for payment the full outstanding account
becomes immediately due and payable. The Company reserves the right
to charge interest on overdue amounts at 3% above the HSBC Bank
PLC base lending rate for the time being in force calculated on
a daily basis. Payment shall be deemed to have been received only
when the full amount of the value of the goods as invoiced (plus
interest) has been credited to the Company's bank account without
recourse or the Company has received the full amount in cash.
6. Property
and title
No property or title to goods shall pass to the Customer unless
and until the full amount of the value of the goods as invoiced
has been credited to the Company's bank account without recourse
or the Company has received the full amount in cash (and, in each
case, any applicable cancellation period has passed) and the Customer
shall indemnify the Company against any loss or damage to the goods
prior to the passing of property therein whilst in the Customer's
custody. Risk of damage to or loss of the goods shall pass to the
Customer at the time of delivery or at the time of attempted delivery
or, if the Customer wrongfully fails to receive the delivery as
arranged, at the time when the Company has tendered delivery of
the goods.
7. Force Majeure
In the event that the Company is prevented from carrying out its
obligations as a result of any cause beyond its control such as
but not limited to Acts of God, War, Strikes, Lock-outs, Flood and
Failure of third parties to deliver goods, the Company shall be
relieved of its obligations and liabilities for as long as such
fulfillment is prevented.
8. Returns and
Cancellations
Current web site items of goods, unused, undamaged and fully marketable,
may be returned and the order cancelled (for any reason) within
seven days of delivery with the prior agreement of the Company.
Returned goods must be in their original packaging.
For products
returned the Customer shall be responsible for all costs and expenses
(including insurance) of having the item returned to the Company.
The Customer's payment will be refunded within 30 days, subject
only to deduction of any direct costs of transport and insurance
incurred by the Company in relation to the return of the goods,
as well as transport and insurance costs incurred in the original
delivery, upon receipt of the goods and inspection as to their suitability
for re-sale.
9. Warranty
All goods sold by the Company are warranted free from defects in
material and workmanship. If the Company shall receive a written
complaint by email from a Customer in respect of goods found to
be defective in respect of materials or workmanship only within
7 days of delivery the Company after it has had a reasonable time
to investigate the same and examine the goods in dispute shall either
replace the defective goods or refund the purchase price. After
the goods have been held by the Customer for 7 days, they will be
considered to have been accepted in good condition. All products
are sold with a 6 month parts and labour warranty unless otherwise
stated. and within this period, if the Company shall receive a written
complaint by email from a Customer in respect of goods found to
be defective in respect of materials or workmanship, it shall be
entitled at its option to repair or replace the defective goods
or refund the purchase price or issue a store credit once the claim
has been verified. In this case the Customer will be responsible
for returning any defective item to the Company for inspection at
the Customer's cost. Original delivery costs are non refundable.
No claim will
be entertained in respect of any goods which have been repaired
or altered in any way or have been the subject of any accident or
damage caused by any innocent, wilful or negligent act or omission
of the Customer or through use not in accordance with the manufacturers
instructions by the Customer or by circumstances beyond the control
of the Company or goods which cannot be shown to have been supplied
by the Company.
Customers are
strongly advised to employ professional tradesmen (e.g., electricians,
carpenters, plumbers) in relation to the installation of goods of
the type which need to be installed properly and safely in accordance
with manufacturers instructions and codes of practice. We also recommend
that prior to purchase you ensure that the products you purchase
are compatible with the standards, sizes, and specifications for
such products as used in your country.
10. The Company's
liability
a) The Company shall under no circumstances whatsoever be liable
for any indirect or consequential loss howsoever caused.
b) The Company's
liability in respect of breach or non-performance of any order shall
be limited to the invoiced value to which the claim relates.
c) Goods are
not tested or sold as fit for any particular purpose or for use
under any specific conditions.
d) Subject as
expressly provided in these Terms and Conditions, and except where
the goods are sold to a person dealing as a consumer (within the
meaning of the Unfair Contract Terms Act 1977), all warranties,
conditions or other terms implied by statute or common law are excluded
to the fullest extent permitted by law.
e) Where the
goods are sold under a consumer transaction (as defined by the Consumer
Transactions (Restrictions on Statements) Order 1976) the statutory
rights of the Customer are not affected by these Terms and Conditions.
11. Distance
Selling Regulations
Any orders placed are subject to your rights of cancellation pursuant
to the Consumer Protection (Distance Selling) Regulations 2000.
You may exercise
this right by contacting us at sales@sportandleisureuk.com. You
must notify us within seven days from the date of delivery. Following
receipt of your notice we will contact you to arrange for you to
return the goods. Please note that the cost of you returning the
goods where you wish to cancel for reasons which are not due to
product performance or description will be payable by you. Postage
and Insurance charges (equal to the original Postage and Insurance
or £15 whichever is greater) will not be refunded save for
in circumstances where the goods are deemed to have been defective.
12. Contract
Law
Sport & Leisure UK Ltd ("the Company") is a UK registered
company (No. 5298418) with its registered office at Top Floor Offices,
20 Western Road, Hove, East Sussex BN3 1AE (VAT registration 851
1782 28).
Customers accept
that by dealing with Sport & Leisure UK Ltd they agree to these
Terms and Conditions and that any contract formed with Sport &
Leisure UK Ltd will be a contract under and subject to the laws
of England whose courts will have exclusive jurisdiction in the
determination of any disputes.
13. Miscellaneous
a) If any provisions hereof shall be held to be invalid, illegal
or unenforceable the validity and enforceability of the remaining
provisions shall not be in any way affected or impaired thereby.
b) Waiver by
the Company of any breach of these Terms and Conditions or any granting
of time or indulgence by the Company to the Customer shall in no
way affect the rights of the Company hereunder.
c) All headings
are for convenience only and do not form part of these Terms and
Conditions.
d) Any notice
or demand to be given hereunder shall be in writing and shall be
delivered by hand or sent by first class prepaid letter to the last
known address of the party to be notified and shall be deemed to
have been served immediately, if delivered by hand and forty eight
hours after posting if posted as aforesaid.
e) The Company
may at its discretion record telephone transactions with its customers.
This is for staff training purposes only.
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