These terms and conditions apply to use of the ECOMSPORTS Web Site. By accessing this Web Site and/or placing an order You agree to be bound by these Terms and Conditions. Please read through the Terms and Conditions carefully and then print a copy for future reference.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
1. Basis of Contract
1.1 Any reference to “Web Site” is to the web site located at the URL ECOMSPORTS.CO.UK. “We, Us, Our, Ourselves” means ECOMSPORTS. “You, Your, Yourself” means the person who uses the Web Site to purchase Goods. “Goods” means the goods available for purchase on Our Web Site and ordered from Us by You.
1.2 These terms and conditions shall govern the use of Our Web Site and the purchase of Goods to the exclusion of any other terms and conditions, except the returns policy.
1.3 These terms and conditions supersede all terms and conditions and shall replace any terms and conditions previously notified to You.
1.4 No variation to these terms and conditions shall be binding on Us unless agreed in writing between You and one of Our authorised representatives.
1.5 Our employees and/or agents are not authorised to make any representations or warranties concerning the Goods unless confirmed by Us in writing.
1.6 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these terms and conditions.
1.7 We may modify these Terms and Conditions at any time. Therefore, each time you purchase Goods from Our Web Site you should read these Terms and Conditions carefully.
1.8 You should print off and keep a copy of these terms and conditions, being Our Contract with You, for Your records.
2. Orders
2.1 We shall have the right to refuse to accept any orders placed for Goods.
2.2 You shall be responsible for the accuracy of an order and for giving Us any information necessary for Us to perform the contract.
2.3 No order for Goods shall be deemed accepted by Us until We send an order confirmation e-mail to You.
2.4 Goods are subject to availability. If We are unable to supply You with the Goods for any reason, including but not limited to the fact that they are out of stock, We will inform You by e-mail or telephone, within 5 days of Your order. You will be given the option of (i) waiting until the Goods are in stock when We will perform the Contract; (ii) choosing Goods of an equivalent price and quality; or (iii) cancelling Your affected order and obtaining a full refund within 5 days of being informed Your order is unavailable, if We have already received payment from You for the cancelled Goods.
2.5 Please note that any details and/or specifications of the Goods produced by Us (including but not limited to any photographs of the Goods) are intended as a guide only and only give a general approximation of the Goods. For example, the actual colour of the Goods may vary from the colour in the accompanying photograph depending on Your monitor display.
3. Children
3.1 We will not accept orders for the Goods from anyone under the age of 18 years. By using the Website and/or placing orders for the Goods, You confirm that you are aged 18 years or over.
4. Returning Goods
Where there is no fault or defect:
4.1 In addition to Your rights to cancel Your order under the Consumer Protection (Distance Selling) Regulations 2000, You have the right to cancel the contract for the purchase of Goods within 14 days of delivery of the Goods to You by following the procedure set out in Our returns policy available on this Web Site.
When there is a fault or defect:
4.2 If You discover the Goods are faulty, You must notify us of the defect within 3 days of the date of delivery or within 3 days of time of discovery (if the defect was not readily apparent).
4.3 We will act reasonably at all times in respect of the notice period for faulty Goods but any extensions of the notice period will be at Our discretion.
4.4 We may ask You to return the Goods to us for inspection before We send You a replacement or refund. Alternatively, in the case of large or heavy Goods, We may ask You to make the Goods available for inspection at Your address where appropriate.
4.5 If the Goods are faulty, We will offer You a full refund or exchange.
4.6 Where applicable, We will refund any reasonable costs You may have incurred in returning the faulty Goods to Us.
When there is damage in transit
4.7 You must inspect all Goods as soon as possible after delivery and notify us no later than 48 hours of the date of delivery of any damage in transit to enable us to claim against the carrier
Further Information
4.8 For further information please see the link on the Web Site to Our returns policy, which forms part of these terms and conditions.
5. Delivery
5.1 Dates and times for delivery are estimates only and are not guaranteed. They are also subject to any matter beyond Our reasonable control. If You do not receive a delivery from Us, please notify Us as soon as possible. As a general rule, We will endeavour to complete Your order within 14 days of the date of Our acceptance of Your order, and normally within 2 to 3 days (subject to the Goods being in stock).
5.2 If We have not despatched the Goods to You within 14 days of Your order You may cancel the order by contacting Us using the details set out in the Returns page of Our Web Site. If you cancel an order in these circumstances we will refund You in full within 5 days of being informed by You that You wish to cancel the order.
5.3 We shall not be required to fulfil orders for Goods in the sequence in which they are placed. We are not required to deliver orders in instalments.
6. Price and Payment
6.1 The price You pay is the price displayed in respect of the relevant Goods on this Web Site at the time We receive Your order plus the applicable delivery charges notified to You at the time You place Your order.
6.2 Delivery charges and prices are subject to change.
6.3 All prices are inclusive of VAT (where applicable) at the current rate.
6.4 While We try to ensure that all prices on Our Web Site are accurate, errors may occur. If We discover an error in the price of the Goods You have ordered We will inform You as soon as possible and give You the option of either reconfirming Your order at the correct price or cancelling it. If We are unable to contact You We will treat the order as cancelled. If You cancel an order due to an error in price and We have already received payment for the affected Goods, You will receive a full refund.
6.5 Payment is due at the time You place Your order. You may pay by either debit or credit card or charge card via the HSBC Secure ePayments service. When You proceed to the checkout and place Your order, You will be directed to the HSBC web site in order to submit Your payment details. We are not responsible for ensuring the confidentiality of Your data once You leave the Web Site and We accept no liability for any loss and/or damage that You may suffer as a result of using HSBC’s service.
6.6 Goods delivered outside the UK may be subject to customs and import duties. You are responsible for payment of these duties. If charges are levied in Your country and You do not pay them You may prevent delivery of Your order and We are not liable for this non-delivery and your cancellation rights for late delivery under paragraph 5.2 will not apply. If You do not pay these duties and do not receive the Goods because of this, You will remain liable for the purchase price of the Goods and any delivery charges. If the Goods are returned to Us because You have not paid the duties, We may charge You for the cost of returning the Goods, including any customs duties and shipping costs.
7. Property and Risk
7.1 Risk in the Goods shall pass to You at the time of delivery. Delivery shall be deemed to occur at the time when the Goods arrive at the delivery address provided to Us by You.
8. Liability
8.1 We shall have no liability to You for any loss of profits, business or revenue, damage to goodwill, economic and/or a loss that was not reasonably foreseeable at the time You entered into this Contract.
8.2 Nothing in this Contract shall exclude or limit Our liability for death or personal injury due to Our negligence, fraud and/or any of Your statutory rights which may not be excluded or limited due to You acting as a consumer and/or due to any applicable law. Any provision, which would be void under any consumer protection legislation or other legislation, shall, to that extent have no force or effect.
8.3 We do not guarantee that Our Web Site will be compatible with Your PC, and We accept no liability for any corruption or loss of data held on Your PC, or any liability for any other loss or damage of any kind caused to Your PC resulting from the use of Our Web Site.
8.4 Snooker, pool, other games’ tables and items of fitness machinery are sold by Us on the strict basis that they are for domestic use only and We will not accept any liability for any breakage, damage or breakdown and the manufacturer’s warranties will be invalidated if they are used in any environment other than the home.
9. General
9.1 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or other provision.
9.2 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
9.3 We shall have no liability to You for any delay in performance to the extent that such delay is due to any event outside Our reasonable control including but not limited to acts of God, war, civil war flood, fire, epidemic, utility disruption, embargoes, labour disputes, subcontractor delays, strikes, lock-outs, insurrection, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
9.4 All third party rights are excluded and no third party shall have any right to enforce this Agreement.
9.5 The laws of England and Wales shall govern the contract between Us and any dispute between Us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract.
10. Our Details
10.1 All contracts for the sale of Goods are placed with Sports & Fashions (Huntingdon) Limited trading as Ecomsports, a company registered in England and Wales with company registration number 01022937.
10.2 Our registered office address is:
51 High Street
Huntingdon
Cambs
PE29 3AQ
VAT Registration No 120 3042 44
If You are unhappy with any aspects of the service and/or Goods that We have provided to You or have any comments regarding the service, please contact Us by writing to Us at the contact details set out on the Store Information page of our Web Site.
We will endeavour to respond promptly to all communications.
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